[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Rules and Regulations]
[Pages 51200-51227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15975]



[[Page 51199]]

Vol. 87

Friday,

No. 160

August 19, 2022

Part II





Department of Energy





-----------------------------------------------------------------------





10 CFR Part 430





Energy Conservation Program: Test Procedure for External Power 
Supplies; Final Rule

  Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Rules 
and Regulations  

[[Page 51200]]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2019-BT-TP-0012]
RIN 1904-AD86


Energy Conservation Program: Test Procedure for External Power 
Supplies

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the current U.S. Department of Energy 
test procedure for external power supplies by clarifying the scope of 
the test procedure more explicitly, providing more specific 
instructions for testing single-voltage external power supplies with 
multiple-output busses and external power supplies shipped without an 
output cord, providing instructions allowing for functionality 
unrelated to the external power supply circuit to be disconnected 
during testing so long as the disconnection does not impact the 
functionality of the external power supply itself, specifying test 
requirements for adaptive external power supplies that conform to the 
industry-based Universal Serial Bus Power Delivery specifications 
consistent with current test procedure waivers that DOE has already 
granted for these products, and reorganizing the test procedure to 
centralize definitions, consolidate generally applicable requirements, 
and better delineate requirements for single-voltage, multiple-voltage, 
and adaptive external power supplies.

DATES: The effective date of this rule is September 19, 2022. The final 
rule changes will be mandatory for product testing starting February 
15, 2023. The incorporation by reference of certain other publications 
listed in this rule was approved by the Director of the Federal 
Register on September 24, 2015.

ADDRESSES: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at www.regulations.gov. 
All documents in the docket are listed in the www.regulations.gov 
index. However, some documents listed in the index, such as those 
containing information that is exempt from public disclosure, may not 
be publicly available.
    A link to the docket web page can be found at www.regulations.gov/docket?D=EERE-2019-BT-TP-0012. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket.
    For further information on how to review the docket, contact the 
Appliance and Equipment Standards Program staff at (202) 287-1445 or by 
email: [email protected].

FOR FURTHER INFORMATION CONTACT:  Mr. Jeremy Dommu, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-2J, 1000 Independence Avenue SW, Washington, 
DC, 20585-0121. Telephone: (202) 586-9870. Email: 
[email protected].
    Ms. Kristin Koernig, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-3593. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
    A. Authority
    B. Background
II. Synopsis of the Final Rule
III. Discussion
    A. Scope of Applicability
    1. Commercial and Industrial Power Supplies
    2. Direct Operation and Indirect Operation EPSs
    3. Scope of Applicability for EPSs with Other Major Functions
    B. Industry Standards Incorporated by Reference
    C. EPS Configurations
    1. Single-Voltage EPSs with Multiple-output Busses
    2. Multiple-Voltage Adaptive EPSs
    3. EPSs With Other Major Functions
    D. Adaptive EPSs
    1. USB-PD EPSs
    2. Nameplate Output Power for Testing USB-PD EPSs
    3. Supporting Definitions for USB-PD EPSs
    4. Certification Requirements for Adaptive EPSs
    E. Output Cords
    F. Other Proposed Amendments
    1. Organization of EPS Definitions
    2. Consolidating Duplicative Test Requirements
    3. Harmonizing Instructions for Single-Voltage and Multiple-
Voltage EPSs
    4. Unsustainable Loading Provisions
    5. Correcting Table References
    6. Error in Proposed Regulatory Text
    G. Measurement and Reporting
    H. Effective and Compliance Dates
    I. Test Procedure Costs
    1. Scope of Applicability
    2. EPS Configurations
    3. Adaptive EPSs
    4. Output Cords
    5. Additional Amendments
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
    N. Description of Materials Incorporated by Reference
V. Approval of the Office of the Secretary

I. Authority and Background

    An external power supply (``EPS'') is a ``covered product'' for 
which the United States Department of Energy (``DOE'') is authorized to 
establish and amend energy conservation standards and test procedures. 
(42 U.S.C. 6295(u)(1)(A)) DOE's energy conservation standards and test 
procedures for EPSs are currently prescribed at 10 CFR 430.32(w) and 10 
CFR 430.23(bb), respectively. The following sections discuss DOE's 
authority to establish test procedures for EPSs and relevant background 
information regarding DOE's consideration of test procedures for this 
product.

A. Authority

    The Energy Policy and Conservation Act, as amended (``EPCA''),\1\ 
authorizes DOE to regulate the energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291-
6317) Title III, Part B \2\ of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, which sets forth 
a variety of provisions designed to improve energy efficiency. These 
products include EPSs, the subject of this document. (42 U.S.C. 
6291(36)(A); 42 U.S.C. 6295(u))
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through the Energy Act of 2020, Public Law 116-260 (Dec. 
27, 2020), which reflect the last statutory amendments that impact 
Parts A and A-1 of EPCA.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

    The energy conservation program under EPCA consists essentially of 
four parts: (1) testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement

[[Page 51201]]

procedures. Relevant provisions of EPCA specifically include 
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293), 
labeling provisions (42 U.S.C. 6294), energy conservation standards (42 
U.S.C. 6295), and the authority to require information and reports from 
manufacturers (42 U.S.C. 6296).
    The Federal testing requirements consist of test procedures that 
manufacturers of covered products must use as the basis for (1) 
certifying to DOE that their products comply with the applicable energy 
conservation standards adopted under EPCA (42 U.S.C. 6295(s)), and (2) 
making other representations about the efficiency of those products (42 
U.S.C. 6293(c)). Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA. (42 U.S.C. 6295(s))
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297) DOE may, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of EPCA. (42 U.S.C. 6297(d))
    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA requires that any test procedures prescribed or 
amended under this section shall be reasonably designed to produce test 
results which measure energy efficiency, energy use or estimated annual 
operating cost of a covered product during a representative average use 
cycle (as determined by the Secretary) or period of use and shall not 
be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3))
    The Energy Policy Act of 2005 (``EPACT 2005''), Public Law 109-58 
(Aug. 8, 2005), amended EPCA by adding provisions related to EPSs. 
Among these provisions were a definition of EPS and a requirement that 
DOE prescribe ``definitions and test procedures for the power use of 
battery chargers and external power supplies.'' (42 U.S.C. 
6295(u)(1)(A)) DOE complied with this requirement by publishing a test 
procedure final rule to address the testing of EPSs to measure their 
energy efficiency and power consumption. 71 FR 71340 (Dec. 8, 2006) 
(codified at 10 CFR part 430, subpart B, appendix Z, ``Uniform Test 
Method for Measuring the Energy Consumption of External Power 
Supplies'').
    The Energy Independence and Security Act of 2007 (``EISA 2007''), 
Public Law 110-140 (Dec. 19, 2007) later amended EPCA by modifying the 
EPS-related definitions found in 42 U.S.C. 6291. While section 
135(a)(3) of EPACT 2005 had defined an EPS as ``an external power 
supply circuit that is used to convert household electric current into 
DC current or lower-voltage AC current to operate a consumer product,'' 
section 301 of EISA 2007 amended this definition further by creating a 
subset of EPSs called Class A EPSs. EISA 2007 defined this subset of 
products as those EPSs that, in addition to meeting several other 
requirements common to all EPSs, are ``able to convert [line voltage 
AC] to only 1 AC or DC output voltage at a time'' and have ``nameplate 
output power that is less than or equal to 250 watts.'' (42 U.S.C. 
6291(36)(C)(i)) As part of these amendments, EISA 2007 prescribed 
minimum standards for these products (hereafter referred to as ``Level 
IV'' standards based on ENERGY STAR marking provisions detailed under 
42 U.S.C. 6295(u)(3)(C)) and directed DOE to publish a final rule to 
determine whether to amend these standards.\3\ (42 U.S.C. 6295(u)(3)(A) 
and (D)) EISA 2007 also required DOE to publish a second rule to 
determine whether the standards then in effect should be amended. (42 
U.S.C. 6295(u)(3)(D)(ii))
---------------------------------------------------------------------------

    \3\ The international efficiency markings on which DOE's marking 
requirements are based consist of a series of Roman numerals (I-VI) 
and provide a global uniform system for power supply manufacturers 
to use that indicates compliance with a specified minimum energy 
performance standard. www.regulations.gov/document?D=EERE-2008-BT-STD-0005-0218.
---------------------------------------------------------------------------

    EISA 2007 also amended EPCA by defining the terms ``active mode,'' 
``standby mode,'' and ``off mode.'' 42 U.S.C. 6295(gg)(1)(A) EISA 2007 
additionally authorized DOE to amend, by rule, the definitions for 
active, standby, and off mode, taking into consideration the most 
current versions of International Electrotechnical Commission (``IEC'') 
Standard 62301 \4\ and IEC Standard 62087.\5\ 42 U.S.C. 6295(gg)(1)(B) 
EISA 2007 also amended EPCA to require that DOE amend its test 
procedures for all covered products to integrate measures of standby 
mode and off mode energy consumption into the overall energy 
efficiency, energy consumption, or other energy descriptor, unless the 
current test procedure already incorporates the standby mode and off 
mode energy consumption, or if such integration is technically 
infeasible. (42 U.S.C. 6295(gg)(2)(A)) If an integrated test procedure 
is technically infeasible, DOE must prescribe separate standby mode and 
off mode energy use test procedures for the covered product, if a 
separate test is technically feasible. (Id.)
---------------------------------------------------------------------------

    \4\ IEC 62301, Household electrical appliances--Measurement of 
standby power (Edition 2.0, 2011-01).
    \5\ IEC 62087, Audio, video and related equipment--Methods of 
measurement for power consumption (Edition 1.0, Parts 1-6: 2015, 
Part 7: 2018).
---------------------------------------------------------------------------

    Following the amendments to EPCA under EISA 2007, Congress further 
amended EPCA to exclude EPSs used for certain security and life safety 
alarms and surveillance systems manufactured prior to July 1, 2017, 
from no-load standards. Public Law 111-360 (January 4, 2011). EPCA's 
EPS provisions were again amended by the Power and Security Systems 
(``PASS'') Act, which extended the rulemaking deadline and effective 
date established under the EISA 2007 amendments from July 1, 2015, and 
July 1, 2017, to July 1, 2021, and July 1, 2023, respectively. Public 
Law 115-78 (November 2, 2017); 131 Stat. 1256, 1256; 42 U.S.C. 
6295(u)(3)(D)(ii)). The PASS Act also extended the exclusion of certain 
security and life safety alarms and surveillance systems from no-load 
standards until the effective date of the final rule issued under 42 
U.S.C. 6295(u)(3)(D)(ii) and allows the Secretary to treat some or all 
EPSs designed to be connected to a security or life safety alarm or 
surveillance system as a separate product class or to further extend 
the exclusion. (42 U.S.C. 6295(u)(3)(E)(ii) and (iv))
    Most recently, on January 12, 2018, the EPS Improvement Act of 
2017, Public Law 115-115, amended EPCA to exclude the following devices 
from the EPS definition: power supply circuits, drivers, or devices 
that are designed exclusively to be connected to, and power (1) light-
emitting diodes providing illumination, (2) organic light-emitting 
diodes providing illumination, or (3) ceiling fans using direct current 
motors.\6\ (42 U.S.C. 6291(36)(A)(ii))
---------------------------------------------------------------------------

    \6\ DOE amended its regulations to reflect the changes 
introduced by the PASS Act and EPS Improvement Act. 84 FR 437 
(January 29, 2019).
---------------------------------------------------------------------------

    EPCA also requires that, at least once every 7 years, DOE evaluate 
test procedures for each type of covered product, including EPSs, to 
determine whether amended test procedures would more accurately or 
fully comply with the requirements for the test procedures to not be 
unduly burdensome to conduct and be reasonably designed to produce test 
results that reflect energy efficiency, energy use, and estimated 
operating

[[Page 51202]]

costs during a representative average use cycle or period of use. (42 
U.S.C. 6293(b)(1)(A))
    If the Secretary determines, on her own behalf or in response to a 
petition by any interested person, that a test procedure should be 
prescribed or amended, the Secretary shall promptly publish in the 
Federal Register proposed test procedures and afford interested persons 
an opportunity to present oral and written data, views, and arguments 
with respect to such procedures. The comment period on a proposed rule 
to amend a test procedure shall be at least 60 days and may not exceed 
270 days in total. In prescribing or amending a test procedure, the 
Secretary shall take into account such information as the Secretary 
determines relevant to such procedure, including technological 
developments relating to energy use or energy efficiency of the type 
(or class) of covered products involved. (42 U.S.C. 6293(b)(2)). If DOE 
determines that test procedure revisions are not appropriate, DOE must 
publish its determination not to amend the test procedures. (42 U.S.C. 
6293(b)(1)(A)(ii)).
    DOE is publishing this final rule in satisfaction of the 7-year 
review requirement specified in EPCA. (42 U.S.C. 6293(b)(1)(A))

B. Background

    DOE's existing test procedure for EPSs appear at 10 CFR part 430, 
subpart B, appendix Z, ``Uniform Test Method for Measuring the Energy 
Consumption of External Power Supplies'' (``appendix Z''). DOE most 
recently amended the test procedure for EPS in a final rule published 
on August 25, 2015 (the ``August 2015 Final Rule''). 80 FR 51424. The 
August 2015 Final Rule provided additional detail to appendix Z in 
response to comments received from industry regarding the testing of 
certain EPSs. 80 FR 51424, 51429-51433. DOE also updated references to 
the latest version of IEC 62301, ``Household electrical appliances--
Measurement of standby power,'' Edition 2.0, 2011-01, and clarified its 
test procedure to better reflect evolving technologies. 80 FR 51424, 
51431-51433, 51440.
    Since the publication of the August 2015 Final Rule, DOE received a 
number of requests seeking waivers from the DOE test procedure 
involving certain EPS products. On June 8, 2017, and June 22, 2017, the 
Information Technology Industry Council (``ITI,'') on behalf of four 
petitioners--Apple, Inc. (``Apple,'') Microsoft Corporation 
(``Microsoft,'') Poin2 Lab (``Poin2,'') and Hefei Bitland Information 
Technology Co., Ltd. (``Bitland'')--filed petitions for waivers from 
the current DOE test procedure for EPSs under 10 CFR 430.27 for several 
basic models of adaptive EPSs that meet the voltage and current 
specifications of IEC Standard 62680-1-2 ``Universal serial bus 
interfaces for data and power--Part 1-2: Common components--USB Power 
Delivery'' ((``IEC 62680-1-2''). (Hereafter, these devices are referred 
to as ``USB-PD'' EPSs.) IEC 62680-1-2 specifies the relevant 
performance and compatibility-related specifications for a universal 
serial bus (``USB'') system but does not, like some other IEC 
documents, prescribe any specific testing requirements. An adaptive EPS 
is one with an output bus that can alter its output voltage based on an 
established digital communication protocol with the end-use application 
without any user-generated action. In a notice published on July 24, 
2017, DOE granted the petitions for interim waiver and specified an 
alternate test procedure the manufacturers were required to follow when 
testing and certifying the specific basic models for which the 
petitioners requested a waiver. 82 FR 34294. On March 16, 2018, DOE 
published a notice of decision and order announcing that it had granted 
the petitioners a waiver from the EPS test procedure for certain 
adaptive EPSs. 83 FR 11738. The decision and order required the 
petitioners to test and certify these models according to the alternate 
test procedure presented in the decision and order. Id. at 83 FR 11740. 
Subsequently, DOE published a series of decision and order notices 
granting the same alternate test procedure waiver to Huawei 
Technologies (83 FR 25448 (June 1, 2018)), Apple for two additional 
basic models (83 FR 50905 (October 10, 2018) and 83 FR 60830 (November 
27, 2018)), and Anker (84 FR 59365 (November 4, 2019)) (Case Nos. 2017-
014, 2018-005, 2018-010, 2019-005, respectively.)
    On December 6, 2019, DOE published a notice of proposed rulemaking 
(``NOPR'') (the ``December 2019 NOPR''), in which it proposed to amend 
the test procedure for EPSs as follows: (1) adopt a definition of 
``commercial and industrial power supply'' that would apply specific 
characteristics to help distinguish these power supplies from EPSs, as 
defined in EPCA, which are consumer products under the statute; (2) 
amend the definition of ``external power supply'' to expressly exclude 
any ``commercial and industrial power supply'' from the scope of the 
test procedure; (3) create a definition for USB-PD EPSs and amend their 
testing requirements, consistent with the issued waivers; (4) provide 
additional direction for testing single-voltage EPSs with multiple-
output busses; (5) provide instructions to allow any functionality that 
is unrelated to the external power supply circuit to be disconnected 
during testing as long as the disconnection does not impact the 
functionality of the external power supply itself; and (6) reorganize 
the test procedure to remove redundant definitions, modify the 
definition of ``average active-mode efficiency,'' centralize 
definitions, consolidate generally applicable requirements, and better 
delineate requirements for single-voltage, multiple-voltage, and 
adaptive EPSs. 84 FR 67106, 67109. DOE held a public meeting on 
December 11, 2019, via a webinar to present the proposed amendments and 
provide stakeholders with further opportunity to comment.\7\
---------------------------------------------------------------------------

    \7\ The transcript of the public meeting is available at 
www.regulations.gov/document?D=EERE-2019-BT-TP-0012-0004.
---------------------------------------------------------------------------

    DOE received comments in response to the December 2019 NOPR from 
the interested parties listed in Table I.1.

          Table I.1--List of Commenters With Written Submissions in Response to the December 2019 NOPR
----------------------------------------------------------------------------------------------------------------
                                            Reference in this Final
              Commenter(s)                           Rule               Docket No.          Commenter type
----------------------------------------------------------------------------------------------------------------
USB Implementers Forum..................  USB-IF....................               6  Trade Association.
Canadian Standards Association..........  CSA.......................            8, 9  Efficiency Organization.
Pacific Gas and Electric, Southern        CA IOUs...................              10  Utility Association.
 California Edison, San Diego Gas and
 Electric; collectively, the California
 Investor-Owned Utilities.
Consumer Technology Association.........  CTA.......................              11  Trade Association.

[[Page 51203]]

 
National Electrical Manufacturers         NEMA/ALA..................              12  Trade Association.
 Association, American Lighting
 Association.
Information Technology Industry Council.  ITI.......................              13  Trade Association.
----------------------------------------------------------------------------------------------------------------

    DOE subsequently issued a supplemental notice of proposed 
rulemaking (``SNOPR'') (the ``November 2021 SNOPR'') on November 2, 
2021, to supplement (or, in certain instances, replace) the proposed 
amendments from the December 2019 NOPR with amendments that would 
provide as follows: (1) remove reference in the scope section of 
appendix Z to direct operation and indirect operation Class A EPSs 
because there is no distinction in how these EPSs are tested; (2) align 
the test procedure with the scope of the energy conservation standards 
set forth at 10 CFR 430.32(w)(1) more explicitly by excluding from 
testing devices for which the primary load of the converted voltage 
within the device is not delivered to a separate end-use product; (3) 
specify testing requirements for EPSs that are packaged without an 
output cord to provide explicitly that these EPSs are tested with an 
output cord that is recommended for use by the manufacturer; (4) modify 
the proposal from the December 2019 NOPR to define ``USB-PD'' EPS so as 
to include programmable power supplies (``PPSs'') and USB-PD EPSs with 
optional voltages and currents; and amend the definition of ``nameplate 
output power'' further to specify that USB-PD EPSs must be tested at 
the lowest nameplate output voltage, which can be as low as 3.3 volts 
for PPSs, rather than at 5 volts (as was proposed in the December 2019 
NOPR); and (5) modify the December 2019 NOPR's proposal to no longer 
propose relocating the definitions of ``Class A external power 
supply,'' ``basic-voltage external power supply,'' ``direct operation 
external power supply,'' ``indirect operation external power supply,'' 
and ``low-voltage external power supply'' at 10 CFR 430.2 rather than 
include them in appendix Z. 86 FR 60376, 60379. DOE held a public 
meeting on December 13, 2021, via a webinar to present the proposed 
amendments in the November 2021 SNOPR and provide stakeholders with 
further opportunity to comment.\8\
---------------------------------------------------------------------------

    \8\ The transcript of the public meeting is available at 
www.regulations.gov/document?D=EERE-2019-BT-TP-0012-0023.
---------------------------------------------------------------------------

    DOE received comments in response to the November 2021 SNOPR from 
the interested parties listed in Table I.2.

          Table I.2--List of Commenters With Written Submissions in Response to the November 2021 SNOPR
----------------------------------------------------------------------------------------------------------------
                                            Reference in this Final
              Commenter(s)                           Rule               Docket No.          Commenter type
----------------------------------------------------------------------------------------------------------------
Aohai...................................  Aohai.....................              18  Manufacturer
Association of Home Appliance             AHAM/CTA/OPEI/PMI/PTI.....              26  Trade Association.
 Manufacturers, Consumer Technology
 Association, Outdoor Power Equipment
 Institute, Plumbing Manufacturers
 Institute, Power Tool Institute.
Information Technology Industry Council.  ITI.......................              22  Trade Association.
National Electrical Manufacturers         NEMA......................              24  Trade Association.
 Association.
Northwest Energy Efficiency Alliance,     NEEA/ASAP/NRDC............              27  Efficiency Organization.
 Appliance Standards Awareness Project,
 Natural Resources Defense Council.
Pacific Gas and Electric, Southern        CA IOUs...................              25  Utility Association.
 California Edison, San Diego Gas and
 Electric; collectively, the California
 Investor-Owned Utilities.
----------------------------------------------------------------------------------------------------------------

    A parenthetical reference at the end of a comment quotation or 
paraphrase provides the location of the item in the public record.\9\
---------------------------------------------------------------------------

    \9\ The parenthetical reference provides a reference for 
information located in the docket of DOE's rulemaking to develop 
test procedures for EPSs. (Docket No. EERE-2019-BT-TP-0012, which is 
maintained at www.regulations.gov). The references are arranged as 
follows: (commenter name, comment docket ID number, page of that 
document).
---------------------------------------------------------------------------

II. Synopsis of the Final Rule

    This final rule amends the current EPS test procedure as follows:
    (1) Adopts a definition of ``commercial and industrial power 
supply'' that would apply specific characteristics to help distinguish 
these power supplies from EPSs, as defined in EPCA; and amends the 
definition of ``external power supply'' to expressly exclude any 
``commercial and industrial power supply.''
    (2) Deletes the specific reference to direct operation EPSs and 
indirect operation Class A EPSs from the ``Scope'' section of the test 
procedure.
    (3) Specifies explicitly that devices for which the primary load of 
the converted voltage within the device is not delivered to a separate 
end-use product are not subject to the test procedure.
    (4) Provides additional direction for testing single-voltage EPSs 
with multiple-output busses and multiple-voltage adaptive EPSs.
    (5) Provides instructions that functionality unrelated to the 
external power supply circuit is disconnected during testing so long as 
the disconnection does not impact the functionality of the external 
power supply itself.
    (6) Specifies test provisions for adaptive EPSs that meet the 
voltage and current specifications of IEC 62680-1-2, consistent with 
current waivers granted to these products; defines ``USB-PD EPS'' in 
appendix Z; and revises the definition of nameplate output power to 
better accommodate such products.
    (7) Requires EPSs that are not supplied with an output cord to be 
tested with an output cord recommended for use by the manufacturer.
    (8) Improves overall readability of the test procedure by adding a 
new section 0 in appendix Z to specify applicable

[[Page 51204]]

sections of industry standard incorporated by reference; reorganizing 
the test procedure to remove redundant definitions; modifying the 
definition of ``average active-mode efficiency;'' centralizing 
definitions; consolidating generally applicable requirements; and 
better delineating requirements for single-voltage, multiple-voltage, 
and adaptive EPSs.
    The adopted amendments are summarized and compared to the test 
procedure provisions prior to these amendments in Table II.1 of this 
document. Both the history of the adopted amendments over the course of 
the rulemaking process and the reason for the changes are also 
summarized in Table II.1.

                          Table II.1--Summary of Changes in the Amended Test Procedure
----------------------------------------------------------------------------------------------------------------
                                                         November 2021       Amended test
   Current DOE test procedure     December 2019 NOPR         SNOPR             procedure          Attribution
----------------------------------------------------------------------------------------------------------------
Defines EPS as a power supply     Proposed to define  Proposed to         Defines a           Better define
 circuit used to convert           a ``commercial      maintain the        ``commercial and    scope of test
 household electric current into   and industrial      current             industrial power    procedure in
 DC current or lower-voltage AC    power supply''      definition of an    supply'' that       response to
 current to operate a consumer     that would apply    EPS and instead     will apply          stakeholder
 product.                          specific            use the proposed    specific            inquiries.
                                   characteristics     definition of a     characteristics
                                   to distinguish      ``commercial and    to distinguish
                                   these power         industrial power    these power
                                   supplies from       supply'' to         supplies from
                                   EPSs; and amend     exclude such        EPSs; amends the
                                   the definition of   products from the   definition of
                                   ``external power    scope of appendix   ``external power
                                   supply'' to         Z.                  supply'' to
                                   expressly exclude                       expressly exclude
                                   any ``commercial                        any ``commercial
                                   and industrial                          and industrial
                                   power supply.''.                        power supply.''
                                                                           10 CFR 430.2.
Requires adaptive EPSs that meet  Proposed to define  Proposed to define  Defines an          Address waivers
 the IEC 62680-1-2 specification   an adaptive EPS     an adaptive EPS     adaptive EPS that   for adaptive EPSs
 to test at 3 amps for the 100%    that meets the      that meets the      meets the voltage/  and update to
 loading condition at the lowest   voltage/current     voltage/current     current             industry test
 operating output voltage of 5     specifications of   specifications of   specifications of   standard.
 volts.                            IEC 62680-1-2 as    IEC 62680-1-2 as    IEC 62680-1-2 as
                                   a ``USB-PD EPS''    a ``USB-PD EPS''    a ``USB-PD EPS''
                                   and require that    and require that    and requires that
                                   it be tested at 2   it be tested at 2   it be tested at 2
                                   amps for the 100%   amps for the 100%   amps for the 100%
                                   loading condition   loading condition   loading condition
                                   at the lowest       at the lowest       at the lowest
                                   operating output    operating output    operating output
                                   voltage of 5        voltage, which      voltage, which
                                   volts. Also         can be as low as    can be as low as
                                   proposed to         3.3 volts. Also     3.3 volts. Also
                                   define a USB Type-  proposed to         defines a USB
                                   C connector.        define a USB Type-  Type-C connector.
                                                       C connector.        10 CFR part 430,
                                                                           subpart B,
                                                                           appendix Z, sec.
                                                                           3, 6(a)(1)(iii)B,
                                                                           6(b)(1)(iii)B.
Adaptive EPS instructions are     Proposed to move    Not supplemented..  Moves instructions  Address waivers
 currently a subsection within     instructions for                        for non-adaptive    for adaptive
 the single-voltage EPS testing    non-adaptive EPSs                       EPSs to section 5   EPSs, address
 instructions in section           to section 5 of                         of appendix Z and   stakeholder
 4(a)(i)(E) of appendix Z.         appendix Z and                          adds a new          inquiries, and
                                   add a new section                       section 6 for       improve the
                                   6 for testing all                       testing all         readability of
                                   adaptive EPSs,                          adaptive EPSs,      the test
                                   with two sub-                           with two sub-       procedure.
                                   sections for                            sections for
                                   single-voltage                          single-voltage
                                   and multiple-                           and multiple-
                                   voltage adaptive                        voltage adaptive
                                   EPSs.                                   EPSs. 10 CFR part
                                                                           430, subpart B,
                                                                           appendix Z, sec.
                                                                           6.
Does not explicitly provide       Proposed to         Not supplemented..  Provides explicit   Address innovation
 instructions for testing single-  provide explicit                        instructions for    in the
 voltage EPSs with multiple-       instructions for                        testing single-     marketplace and
 output busses.                    testing single-                         voltage EPSs with   stakeholder
                                   voltage EPSs with                       multiple-output     inquiries.
                                   multiple-output                         busses. 10 CFR
                                   busses.                                 part 430, subpart
                                                                           B, appendix Z,
                                                                           sec. 5(a)(1)(iv).
Does not provide instructions     Proposed to         Not supplemented..  Provides explicit   Improve
 for allowing functions            provide explicit                        instructions for    reproducibility
 unrelated to the external power   instructions for                        disconnecting non-  of test results.
 supply circuit to be              disconnecting non-                      EPS functions
 disconnected during testing.      EPS functions                           during testing.
                                   during testing.                         10 CFR part 430,
                                                                           subpart B,
                                                                           appendix Z, sec.
                                                                           4(i).
Does not explicitly exclude       Not discussed.....  Proposed to         Excludes devices    Address
 devices for which the primary                         exclude devices     for which the       stakeholder
 load of the converted voltage                         for which the       primary load of     inquiries.
 within the device is not                              primary load of     the converted
 delivered to a separate end-use                       the converted       voltage within
 product.                                              voltage within      the device is not
                                                       the device is not   delivered to a
                                                       delivered to a      separate end-use
                                                       separate end-use    product. 10 CFR
                                                       product.            part 430, subpart
                                                                           B, appendix Z,
                                                                           sec. 2.

[[Page 51205]]

 
Does not explicitly provide       Not discussed.....  Proposed to         Requires EPSs that  Improve
 instructions for testing EPSs                         require EPSs that   are not supplied    representativenes
 that are not supplied with                            are not supplied    with an output      s of the test
 output cords.                                         with an output      cord to test with   procedure.
                                                       cord to test with   an output cord.
                                                       an output cord      10 CFR part 430,
                                                       recommended for     subpart B,
                                                       use by the          appendix Z, sec.
                                                       manufacturer.       4(g).
Defines ``nameplate output        Proposed to         Proposed to         Amends the          Address adaptive
 power'' as the value on the       redefine            further amend the   definition of       EPS waivers and
 product's nameplate or            ``nameplate         definition of       ``nameplate         stakeholder
 manufacturer's documentation.     output power'' to   ``nameplate         output power'' to   comments.
                                   provide an          output power'' to   specify that USB-
                                   exception for USB-  specify that USB-   PD EPSs must be
                                   PD EPSs, which      PD EPSs must be     tested at the
                                   are tested at       tested at the       lowest nameplate
                                   10W. The            lowest nameplate    output voltage,
                                   exception permits   output voltage,     which can be as
                                   adaptive EPSs       which can be as     low as 3.3 volts
                                   meeting this        low as 3.3 volts    for PPSs, rather
                                   specification to    for PPSs, rather    than at 5 volts.
                                   be tested using     than at 5 volts.    10 CFR part 430,
                                   the same 10W                            subpart B,
                                   level.                                  appendix Z, sec.
                                                                           3.
Contains redundant definitions    Proposed to remove  Not supplemented..  Removes redundant   Improve ease of
 that had been carried over from   redundant                               definitions that    reference and
 previous revisions of the test    definitions that                        are no longer       readability.
 procedure but are no longer       are no longer                           referenced. 10
 referenced.                       referenced.                             CFR part 430,
                                                                           subpart B, secs.
                                                                           2e., h., l., m.,y.
Numerous EPS related definitions  Proposed to         Proposed to retain  Retains all EPS     Improve
 are spread across multiple        consolidate all     all EPS related     related             readability and
 locations in the CFR.             EPS related         definitions at 10   definitions at 10   applicability of
                                   definitions in      CFR 430.2 except    CFR 430.2 except    the test
                                   appendix Z.         ``adaptive          ``adaptive          procedure.
                                                       external power      external power
                                                       supply''.           supply''. 10 CFR
                                                                           part 430, subpart
                                                                           B, appendix Z,
                                                                           sec. 3.
Does not include the definition   Proposed to         Proposed to retain  Retains the Class   Improve
 of Class A EPSs in appendix Z.    include the Class   the Class A EPS     A EPS definition    readability and
                                   A EPS definition    definition in 10    in 10 CFR 430.2     applicability of
                                   in appendix Z.      CFR 430.2 only      only and not        the test
                                                       and not include     include it in       procedure.
                                                       it in appendix Z.   appendix Z. 10
                                                                           CFR 430.2.
Defines ``average active-mode     Proposed to         Not supplemented..  Redefines           Improve
 efficiency'' as the average of    redefine                                ``average active-   readability of
 the loading conditions for        ``average active-                       mode efficiency''   the test
 which a unit can sustain output   mode efficiency''                       to explicitly       procedure.
 current.                          to explicitly                           reference the
                                   reference the                           average of the
                                   average of the                          active mode
                                   active mode                             efficiencies
                                   efficiencies                            measured at the
                                   measured at the                         loading
                                   loading                                 conditions for
                                   conditions for                          which a unit can
                                   which a unit can                        sustain output
                                   sustain output                          current. 10 CFR
                                   current.                                part 430, subpart
                                                                           B, appendix Z,
                                                                           sec. 3.
Contains repetitive instructions  Proposed to         Not supplemented..  Consolidates these  Improve
 across multiple sections on       consolidate these                       requirements that   readability of
 uncertainty and resolution        requirements that                       are applicable to   the test
 requirements for power            are applicable to                       all EPSs into a     procedure.
 measurements, room air speed      all EPSs into a                         single section
 and temperature conditions,       single section                          within appendix
 input voltage source, product     within appendix Z.                      Z. 10 CFR part
 configuration, and wire gauge                                             430, subpart B,
 requirements for leads.                                                   appendix Z, sec.
                                                                           4.
Incorporates by reference IEC     Proposed to         Not supplemented..  Creates a new       Improve
 62301 Ed. 2.0 in its entirety.    specify sections                        section 1 in        readability.
                                   of IEC 62301,                           appendix Z to
                                   applicable to the                       note the
                                   test procedure                          particular
                                   and to update the                       sections from IEC
                                   shorthand                               62301 that are
                                   notation.                               applicable to
                                                                           appendix Z. 10
                                                                           CFR part 430,
                                                                           subpart B,
                                                                           appendix Z, sec.
                                                                           1.
----------------------------------------------------------------------------------------------------------------


[[Page 51206]]

    To the extent that DOE has determined that the amendments adopted 
in this final rule would impact the measured energy efficiency of an 
EPS, DOE notes in section III.H of this document that testing according 
to such amendments will not be required until such time as compliance 
is required with new and amended energy conservation standards, should 
such standards be established or amended. DOE has also determined that 
the amendments would not be unduly burdensome to conduct. Discussion of 
DOE's actions are addressed in detail in section III of this document.
    The effective date for the amended test procedure adopted in this 
final rule is 30 days after publication of this document in the Federal 
Register. Representations of energy use or energy efficiency must be 
based on testing in accordance with the amended test procedures 
beginning 180 days after the publication of this final rule.

III. Discussion

    In this test procedure final rule, DOE adopts amendments to the 
test procedure for EPSs at appendix Z. Specifically, this final rule 
adds a definition for ``commercial and industrial power supply'' to 
remove commercial and industrial power supplies from the definition of 
``external power supply,'' thus excluding commercial and industrial 
power supplies from the EPS test procedure and energy conservation 
standards; removes references to direct and indirect operation Class A 
EPSs; excludes devices for which the primary load of the converted 
voltage within the device is not delivered to a separate end-use 
product; provides more specific instructions for testing single-voltage 
EPSs with multiple-output busses and EPSs shipped without an output 
cord; addresses adaptive EPSs that conform to the USB-PD specifications 
to test such EPSs in a manner more representative of their actual use; 
provides instructions allowing functionality unrelated to the external 
power supply circuit to be disconnected during testing so long as the 
disconnection does not impact the functionality of the external power 
supply itself; and reorganizes the test procedure to centralize 
definitions, consolidate generally applicable requirements, and better 
delineate requirements for single-voltage, multiple-voltage, and 
adaptive EPSs.

A. Scope of Applicability

1. Commercial and Industrial Power Supplies
    In the December 2019 NOPR, DOE proposed to adopt a definition of 
``commercial and industrial power supply'' that would apply specific 
characteristics to help distinguish these power supplies from EPSs, as 
defined in EPCA, and to amend the definition of ``external power 
supply'' to clarify that an ``commercial and industrial power supply'' 
would be excluded from the scope of this definition. 84 FR 67106, 
67111. Power supplies that meet the definition of ``commercial and 
industrial power supply'' would, therefore, not be subject to the EPS 
test procedure. Id.
    In the November 2021 SNOPR, DOE modified its approach and explained 
that it was proposing to instead maintain the current definition of an 
EPS and use the proposed definition of a ``commercial and industrial 
power supply'' to exclude such EPSs from the scope of the test 
procedure. 86 FR 60376, 60380. DOE notes, however, that the proposed 
regulatory text accompanying the November 2021 SNOPR reflected the same 
amendments proposed in the December 2019 NOPR with respect to 
commercial and industrial power supplies (i.e., the proposed regulatory 
text in the November 2021 NOPR included a revised definition of 
``external power supply'' that would expressly exclude any ``commercial 
and industrial power supply'').
    The proposed definition of a ``commercial and industrial power 
supply'' incorporated specific characteristics provided in a guidance 
document published by DOE on December 20, 2017 (the ``December 2017 
guidance'').\10\ 84 FR 67106, 67111.
---------------------------------------------------------------------------

    \10\ The guidance document is available in the rulemaking docket 
at www.regulations.gov/document/EERE-2019-BT-TP-0012-0001.
---------------------------------------------------------------------------

    In response to the proposed definition in the December 2019 NOPR, 
the CA IOUs, NEMA/ALA, and ITI generally supported the proposed 
amendment to define and explicitly exclude commercial and industrial 
power supplies from the EPS test procedure and suggested further 
amendments to the definition. (CA IOUs, No. 10 at pp. 1-2; NEMA/ALA, 
No. 12 at pp. 4-5; ITI, No. 13 at pp. 3-4) The CA IOUs urged DOE to 
ensure that the definition is suitably distinct from an EPS, such that 
DOE may implement separate energy conservation standards for commercial 
and industrial power supplies in a future rulemaking. (CA IOUs, No. 10 
at pp. 1-2)
    NEMA/ALA suggested adding the following two additional criteria to 
the definition of a commercial and industrial power supply:
    (1) If a power supply has an input power plug other than NEMA Type 
1-15P or 5-15P, and;
    (2) If a power supply categorized as Class A Equipment with respect 
to conducted emissions as described in Federal Communications 
Commission (``FCC'') part 15 regulations. (NEMA/ALA, No. 12 at pp. 4-5)
    NEMA/ALA asserted that these additional criteria would further 
clarify the distinction between commercial and consumer products. (Id. 
at p.) In their view, the inclusion of the first suggested provision 
would help distinguish an EPS from an uninterruptible power supply 
while the inclusion of the second provision would dovetail with the 
FCC's categorization of Class A equipment as being commercial 
equipment. (Id. at pp. 4-5)
    Regarding NEMA/ALA's first suggested additional criterion, DOE has 
identified EPSs in the marketplace that do not utilize the NEMA 1-15/5-
15P plugs but are subject to EPS regulations. Therefore, DOE has 
determined that the suggested reference to NEMA 1-15 and 5-15 plugs 
would be an insufficient means of differentiation.
    Regarding NEMA/ALA's second suggested additional criterion, DOE 
notes that criterion number 6(a) in the proposed definition of a 
commercial and industrial power supply references Class A equipment as 
defined by CISPR 11, which covers Class A equipment as defined in the 
FCC part 15 regulations. Therefore, incorporating this additional 
criterion into the definition would be redundant and is not necessary.
    NEMA/ALA also suggested minor edits to the language of the 
``commercial and industrial supply'' definition that they stated would 
provide technical accuracy. Specifically, NEMA/ALA recommended 
specifying the requirement for ``a 3-phase input power connection,'' as 
opposed to ``3-phase input power;'' modifying ``household current'' to 
``household mains electricity;'' and referring to a connection as 
``permanent'' as opposed to ``non-removable.'' (Id. at p. 4) NEMA/ALA 
asserted that it is inaccurate to refer to household mains electricity 
as ``household current'' because household current can vary depending 
on the voltage supplied and the amount of load connected; and the 
household voltage varies depending on the condition of the grid. (Id. 
at pp. 7-8).

[[Page 51207]]

    DOE agrees that using the term ``household mains electricity'' in 
the definition of commercial and industrial power supply is more 
appropriate than ``household current'' or other similar terms. With 
regards to NEMA/ALA's suggestion to replace use of the terms ``3-phase 
input power'' with ``3-phase input power connection'' and ``non-
removable'' with ``permanent,'' DOE does not see a difference 
meaningful enough to warrant deviating from the definition proposed in 
the November 2021 SNOPR. In this final rule, DOE modifies the language 
of the adopted definition of a commercial and industrial power supply 
to replace ``household current'' with ``household mains electricity.''
    ITI supported the amendment to define a commercial and industrial 
power supply but expressed concern that the definition does not contain 
language stating that a product may still be considered a commercial 
and industrial power supply even if it does not meet any of the 
criteria listed in the definition of a commercial and industrial power 
supply. (ITI, No. 13 at pp. 3-4) According to ITI, the omission of such 
language from the definition may expand the scope of EPS regulations if 
certain power supplies that were not previously regulated cannot meet 
the definition of a commercial and industrial power supply. (ITI, No. 
13 at pp. 3-4; ITI, No. 22 at pp. 1-2)
    As stated in the December 2017 guidance, the list of criteria is 
not intended to be exhaustive; \11\ as a power supply that does not 
meet one or more of the eight criteria may still be considered a 
commercial or industrial power supply. Consistent with the December 
2017 guidance, DOE clarifies in this final rule that a commercial and 
industrial power supply is one that is not distributed in commerce for 
use with a consumer product and may [emphasis added] include one of the 
listed criteria.
---------------------------------------------------------------------------

    \11\ The December 2017 guidance states that a power supply that 
does not meet one or more of the eight criteria in the preceding 
paragraph may still fall outside of the definition of ``external 
power supply'' under EPCA. This guidance provides eight specific 
examples of circumstances where DOE will not consider a power supply 
to meet the definition of ``external power supply'' under EPCA. 
However, nothing in this guidance precludes a person from asserting 
that a specific power supply that does not meet one or more of these 
eight criteria nonetheless does not meet the definition of 
``external power supply'' under EPCA.
---------------------------------------------------------------------------

    In response to the November 2021 SNOPR, NEEA/ASAP/NRDC agreed with 
DOE that commercial and industrial power supplies should not be 
included with the established EPS test procedure. NEEA/ASAP/NRDC stated 
there is an opportunity for significant energy savings with a separate 
set of standards and test procedure and encouraged DOE to consider 
commercial and industrial power supplies as a future rulemaking 
opportunity. (NEEA/ASAP/NRDC, No. 27 at pp. 7-9) DOE acknowledges the 
comment but notes that a discussion regarding standards and test 
procedures for commercial and industrial power supplies is outside the 
scope of this rulemaking.
    In this final rule, DOE amends the definition of ``external power 
supply'' to expressly exclude ``commercial and industrial power 
supplies,'' consistent with the December 2017 guidance, as proposed in 
the December 2019 NOPR, and presented in the proposed regulatory text 
in the November 2021 SNOPR. A power supply that meets the definition of 
``commercial and industrial power supply'' does not meet the definition 
of ``external power supply'' under EPCA--so long as the power supply is 
not, in fact, distributed in commerce for use with a consumer product--
and is therefore not subject to the EPS test procedure or energy 
conservation standards.
    The definition of a commercial and industrial power supply adopted 
in this final rule is as proposed in the December 2019 NOPR with edits 
reflecting the change in language from ``household current'' to 
``household mains electricity'' and the addition of clarifying language 
that the criteria listed is not an exhaustive list.
2. Direct Operation and Indirect Operation EPSs
    In section 1 of appendix Z, the scope of the EPS test procedure is 
specified with references to direct operation EPSs and indirect 
operation Class A EPSs. In the November 2021 SNOPR, DOE proposed to 
remove these references from the ``Scope'' section of appendix Z and 
instead state that the test procedure's scope includes all EPSs subject 
to the energy conservation standards set forth at 10 CFR 430.32(w)(1), 
except for those that meet the definition of a ``commercial and 
industrial power supply.'' 86 FR 60376, 60380. DOE noted that removing 
such references would not alter the scope or the applicability of 
appendix Z because the test procedure to test direct operation and 
indirect operation EPSs is the same for both types of EPSs, such that 
including these terms in the scope is unnecessary. Id.
    In response to the November 2021 SNOPR, ITI and AHAM/CTA/OPEI/PMI/
PTI stated they do not oppose removing the direct operation and 
indirect operation Class A EPSs references from appendix Z. (ITI, No. 
22 at p. 1; AHAM/CTA/OPEI/PMI/PTI, No. 26 at p. 1) Similarly, NEEA/
ASAP/NRDC also supported the removal of these references from appendix 
Z. (NEEA/ASAP/NRDC, No. 27 at pp. 1-2)
    For the prior reasons discussed in section III.A.2 and in the 
November 2021 SNOPR, DOE is adopting its proposal to remove the current 
references to direct operation and indirect operation Class A EPSs 
within the ``Scope'' section of appendix Z.
3. Scope of Applicability for EPSs With Other Major Functions
    As discussed in the November 2021 SNOPR, DOE understands there may 
be uncertainty as to the devices subject to the current test procedure. 
As noted in the November 2021 SNOPR, the test procedure applies to EPSs 
subject to the energy conservation standards at 10 CFR 430.32(w)(1). 86 
FR 60376, 60380-60381. Devices are available on the market that are 
covered by the EPS definition but are not subject to the energy 
conservation standards and were not considered in the establishment of 
those standards (e.g., a television that has a USB port that provides 
converted power). To provide further instruction regarding the scope of 
the test procedure, in addition to the proposed instruction regarding 
the disconnection of components and circuits unrelated to the EPS's 
functionality, the November 2021 SNOPR attempted to further clarify in 
the regulatory text which devices were to be excluded from the EPS test 
procedure. Id. at 86 FR 60381. Specifically, DOE proposed that devices 
for which the primary load of the converted voltage within the device 
is not delivered to a separate end-use product are not subject to the 
test procedure. Id. DOE intended for this proposed amendment to clarify 
that devices providing power conversion only as an auxiliary operation 
(e.g., televisions, laptop computers, and home appliances with USB 
output ports) are not subject to the test procedure.
    In response to the November 2021 SNOPR, ITI and AHAM/CTA/OPEI/PMI/
PTI supported this proposal. (ITI, No. 22 at p. 2; AHAM/CTA/OPEI/PMI/
PTI, No. 26 at p. 2) NEEA/ASAP/NRDC also supported excluding complex 
multifunction products that have a USB port (e.g., televisions and 
desktop computers) from appendix Z but encouraged DOE to consider 
including simple multifunction EPSs, such as a motorized standing desk 
with USB ports, within its scope. (NEEA/ASAP/NRDC, No. 27 at p. 7)

[[Page 51208]]

    The CA IOUs recommended that DOE remove its proposed exclusion of 
devices for which the primary load of the converted voltage is not 
delivered to a separate end-use product, asserting that the proposal 
would be challenging to apply and that its scope is exceptionally 
broad. Instead, the CA IOUs suggested that DOE exclude only USB-based 
products that have data transfer capabilities. The CA IOUs commented 
that, despite having data transfer capabilities, an exception may have 
to be made for a subset of power over ethernet products, stating that 
DOE already considers these products to be within the scope of EPS 
regulations. (CA IOUs, No. 25 at pp. 2-3) Furthermore, the CA IOUs 
suggested that DOE should evaluate the potential for regulating 
``combination'' products with power conversion as a secondary function, 
citing possible energy savings that are technologically feasible and 
economically justified. Id.) The CA IOUs suggested four categories of 
such combination products and encouraged DOE to use these categories to 
explicitly include or exclude each type from scope. (Id. at pp. 3-4).
    As noted in the November 2021 SNOPR, the test procedure applies to 
EPSs subject to the energy conservation standards at 10 CFR 
430.32(w)(1). The products excluded under the proposal were not 
considered in the establishment of the energy conservation standards 
(e.g., a television that has a USB port that also provides converted 
power). The supplemental proposal makes explicit that such products are 
not subject to the test procedure (and therefore not subject to the 
energy conservation standards). The lack of products in the Compliance 
Certification Database (``CCD'') for which the converted voltage within 
the device is not delivered to a separate end-use product indicates 
that the explicit exclusion is already understood by industry and, 
contrary to the assertions that the proposal is broad and would be 
difficult to apply, DOE expects the impact of this amendment to be 
minimal. For the reasons stated in the preceding discussion and the 
November 2021 SNOPR, DOE is adopting its proposal to exclude from the 
test procedure those power supplies for which the converted voltage 
within the device is not delivered to a separate end-use product.
    Regarding the CA IOU's suggestion that DOE should exclude only USB-
based products that have data transfer capabilities, DOE notes that the 
USB-PD specification, the primary purpose of which is to address 
devices that provide power to an external load, relies on digital 
communication (i.e., data transfer capabilities) between the load and 
the power supply to determine the appropriate output voltage. Excluding 
products that have data transfer capabilities would exclude all USB-PD 
products from scope. Therefore, DOE is not excluding only USB-based 
products that have data transfer capabilities.

B. Industry Standards Incorporated by Reference

    The test procedure for EPSs incorporates by reference the entire 
IEC 62301 Ed. 2.0 industry standard. However, only certain sections of 
the industry standard apply to the EPS test procedure. In the December 
2019 NOPR, DOE proposed to add a new section -- ``Incorporation by 
Reference''-- in appendix Z to specify those sections of the industry 
standards that apply to the EPS test procedure. Further, DOE also 
proposed to identify this industry standard as ``IEC 62301-Z'' to 
indicate that the reference applies exclusively to appendix Z. 84 FR 
67106, 67115. Additionally, in places where a reference to IEC 62301 
Ed. 2.0 restates the requirement from that standard, DOE had proposed 
to remove those redundant references to the standard. DOE did not 
receive any comments regarding this proposal.
    DOE notes that while the approach of using a special shorthand (IEC 
62301-Z) was previously consistent with the nomenclature being used in 
other DOE test procedures that also incorporate by reference sections 
of IEC 62301 Ed. 2.0, DOE has since abandoned this approach in favor of 
simply referring to the standard as IEC 62301.
    Consequently, DOE is adopting its proposal. This final rule 
establishes a section in appendix Z to index the provisions of IEC 
62301 Ed. 2.0 applicable to the Federal test procedure. This final rule 
maintains the current approach of using the shorthand ``IEC 62301'' to 
refer to IEC 62301 Ed. 2.0.

C. EPS Configurations

1. Single-Voltage EPSs With Multiple-Output Busses
    Stakeholders have raised questions regarding how to load an EPS 
that is able to convert to only one output voltage at a time and has 
multiple-output busses (i.e., a single-voltage EPS with multiple-output 
busses). A single-voltage AC-DC EPS is designed to convert line voltage 
AC input into lower-voltage DC output and is able to convert to only 
one DC output voltage at a time. See appendix Z to subpart B of 10 CFR 
part 430. Thus, an EPS that can provide two or more DC outputs of the 
same voltage simultaneously or an EPS that can provide two or more 
different DC output voltages, but not simultaneously, would be 
considered a single-voltage EPS and be subject to the single-voltage 
EPS standards at 10 CFR 430.32(w). Accordingly, DOE stated in the 
December 2019 NOPR that a single-voltage EPS with multiple-output 
busses is a single-voltage EPS and must be tested according to section 
3(a) of appendix Z with measurements taken as specified in section 4(a) 
of appendix Z. 84 FR 67106, 67113-67114. DOE previously explained 
during a November 21, 2014, public meeting to discuss the EPS test 
procedure (the ``November 2014 public meeting'') that these single-
voltage EPSs are to be tested at the same loading conditions as 
conventional single-voltage EPSs, using multiple loads across the 
busses to draw the complete nameplate output current from the EPS 
itself. (Docket No. EERE-2014-BT-TP-0043, Public Meeting Transcript, 
No. 9, pp. 43-44) At the time of the November 2014 public meeting, 
single-voltage EPSs with multiple-output busses had limited 
availability in the marketplace, and therefore the more explicit 
direction discussed during the November 2014 public meeting was not 
included in the regulatory text.
    Since the August 2015 Final Rule, single-voltage EPSs with 
multiple-output busses have become much more prevalent on the market, 
making it appropriate now to include more explicit directions for these 
EPSs. Therefore, DOE proposed in the December 2019 NOPR to specify that 
any EPS outputting the same voltage across multiple-output busses must 
be tested in a configuration such that all busses are simultaneously 
loaded to their maximum output at the 100% loading condition, utilizing 
the proportional allocation method \12\ where necessary. 84 FR 67106, 
67114. DOE stated that this additional detail in DOE's test procedure 
instructions is consistent with current industry practice. Id.
---------------------------------------------------------------------------

    \12\ For EPSs with multiple-output ports in which the sum of 
each port's nameplate output power exceeds the overall nameplate 
output power of the EPS, the proportional allocation method utilizes 
a derating factor to determine the current at each loading condition 
in order to ensure that the output power does not exceed the overall 
nameplate output power of the EPS during testing.
---------------------------------------------------------------------------

    The CA IOUs supported this proposal and further recommended that 
DOE ensure that these directions accurately capture the maximum power, 
with all ports at the maximum output power achievable at the 100% 
loading condition, and derated according to the proportional allocation 
method when it

[[Page 51209]]

is not possible for an EPS to load each output bus to its maximum 
nameplate output power. (CA IOUs, No. 10 at p. 2)
    DOE notes that the CA IOU's recommendation is adequately addressed 
by the proportional allocation method, which ensures that these EPSs 
are loaded to the maximum achievable output power, as specified on a 
unit's nameplate.
    For the reasons previously described in this document and in the 
December 2019 NOPR, DOE adopts the amendments as proposed to specify in 
newly-added section 5(a)(1)(iv) of appendix Z that any EPS outputting 
the same voltage across multiple-output busses must be tested in a 
configuration such that all busses are simultaneously loaded to their 
maximum output at the 100% loading condition, utilizing the 
proportional allocation method where necessary.
2. Multiple-Voltage Adaptive EPSs
    Following the August 2015 Final Rule, stakeholders inquired about 
how to test adaptive EPSs that operate as multiple-voltage EPSs. An 
adaptive EPS is an EPS that can alter its output voltage during active-
mode based on an established digital communication protocol with the 
end-use application without any user-generated action. 10 CFR 430.2. A 
multiple-voltage EPS is an EPS that is designed to convert line voltage 
AC input into more than one simultaneous lower-voltage output. See 
appendix Z, section 2.k. An EPS with multiple-output busses for which 
one or more of the busses are adaptive is covered under the definitions 
of multiple-voltage EPS and adaptive EPS.
    Currently, section 4(a)(i)(E) of appendix Z requires testing 
adaptive EPSs twice--once at the highest nameplate output voltage and 
once at the lowest nameplate output voltage. At each output voltage, 
adaptive EPSs are tested at the four loading conditions specified in 
Table 1 of appendix Z (100%, 75%, 50%, and 25%). Separately, section 
4(b)(i)(B) of appendix Z requires testing multiple-voltage EPSs at four 
loading conditions (100%, 75%, 50%, and 25%) derated according to the 
proportional allocation method, with all busses loaded and tested 
simultaneously. Applying these two testing requirements, adaptive EPSs 
that operate as multiple-voltage EPSs must be tested once at the 
highest nameplate output voltage and once at the lowest nameplate 
output voltage, and for each test, all available busses must be loaded 
and derated according to the proportional allocation method. DOE also 
notes that such EPSs are subject to the multiple-voltage EPS standards.
    DOE has also identified EPSs with multiple USB output ports at 5 
volts and one or more adaptive outputs with a default voltage of 5 
volts but whose output voltage varies according to the demand of the 
product connected to that port. Under the default operating condition, 
the EPS operates as a single-voltage EPS because it outputs only one 
voltage to all available ports. However, in a different operating 
condition, the adaptive output may provide a higher voltage while the 
other outputs remain at 5 volts. In this condition, the EPS operates as 
a multiple-voltage EPS because it is providing more than one output 
voltage simultaneously. For such a product, the definition of single-
voltage EPS does not apply because the product is able to convert line 
voltage AC input into more than one simultaneous lower-voltage output, 
whereas a single-voltage EPS is able to convert to only one AC or DC 
output voltage at a time. See appendix Z, section 2. Instead, the 
definition of multiple-voltage EPS applies to such a product.
    In the December 2019 NOPR, DOE proposed to add a new section 6(b) 
to appendix Z to explicitly address testing and certifying adaptive 
EPSs that operate as multiple-voltage EPSs. 84 FR 67106, 67111, 67114-
67115. The proposed requirements for testing both single-voltage and 
multiple-voltage adaptive EPSs were similar to the requirements for 
testing all other single-voltage and multiple-voltage EPSs, including 
the incorporation of the alternate waiver test method that requires 
testing of USB-PD EPSs using 10 watts (W) at the 5 volt level, as 
discussed in section III.D in this document. DOE also proposed to amend 
the certification requirements for switch-selectable \13\ and adaptive 
EPSs at 10 CFR 429.37(b)(2)(ii) and (b)(2)(iii) to clarify (by removing 
the term ``single-voltage'' from the section headings) that the 
requirements apply to both single-voltage as well as multiple-voltage 
switch-selectable and adaptive EPSs, respectively. Id. at 84 FR 67114.
---------------------------------------------------------------------------

    \13\ As defined in section 2 of appendix Z, a ``switch-
selectable single voltage external power supply'' means a single-
voltage AC-AC or AC-DC power supply that allows users to choose from 
more than one output voltage.
---------------------------------------------------------------------------

    As proposed in the December 2019 NOPR, an EPS that has both 
adaptive and non-adaptive output busses would be considered a multiple-
voltage adaptive EPS and would be tested under the new section 6(b) of 
appendix Z. Id. at 84 FR 67114-67115. Both the adaptive and non-
adaptive ports would be tested twice--first with the adaptive port at 
the highest nameplate output voltage and the non-adaptive ports at 
their fixed voltage, then again with the adaptive port at the lowest 
nameplate output voltage and the non-adaptive ports remaining at their 
fixed voltage. Id. As stated in the proposed appendix Z, at each of the 
two test voltages, the proportional allocation method would be used to 
derate the loading conditions where necessary. Id. at 84 FR 67128-
67129.
    The CA IOUs agreed with the proposed amendments for multiple-
voltage adaptive EPSs and the alternate test procedure for multiple-
voltage USB-PD EPSs included within the new section for multiple-
voltage adaptive EPSs at section 6(b) of the new test procedure. (CA 
IOUs, No. 10 at p. 2)
    For the reasons discussed in the prior paragraphs and in the 
December 2019 NOPR, DOE is adopting the changes related to multiple-
voltage adaptive EPSs as proposed in the December 2019 NOPR, but notes 
that for multiple-voltage EPSs that also meet the definition of USB-PD, 
the alternate test method of testing at 10W at the 5 volt level is 
replaced with the updated alternate test method of testing at 2A at the 
lowest output voltage as proposed in the November 2021 SNOPR and 
discussed in section III.D of this document . However, DOE is not 
adopting the proposed amendments to the certification requirements. DOE 
may consider proposals to amend the certification requirements and 
reporting for EPS under a separate rulemaking regarding appliance and 
equipment certification.
3. EPSs With Other Major Functions
    DOE has received questions about whether non-EPS-related functions 
are permitted to be disconnected during testing for products with USB 
ports. The existing test procedure at appendix Z specifies that EPSs 
must be tested in their final completed configuration. For example, the 
efficiency of a bare circuit board power supply (i.e., a power supply 
without its housing or DC output cord) may not be used to characterize 
the efficiency of the final product. DOE recognizes that the 
requirement to test an EPS in its final completed configuration may 
result in measuring the energy use of more than just an EPS (the 
covered product) in cases where the EPS is a component of a product 
that serves one or more other major functions in addition to serving as 
an EPS.
    Accordingly, in the December 2019 NOPR, DOE proposed to amend the 
test procedure to specify that components

[[Page 51210]]

and circuits unrelated to the EPS functionality may be disconnected 
during testing as long as that disconnection does not impact the 
functionality of the EPS itself. 84 FR 67106, 67115. For example, as 
proposed, an EPS that also acts as a surge protector (i.e., a power 
strip with surge protection and USB output ports) would be tested with 
the surge protector circuit disconnected if it is distinct from the USB 
circuit and does not impact the EPS's functionality (i.e., the circuit 
from household AC input to the USB output). This proposed amendment 
would improve the accuracy of the EPS test procedure by allowing 
technicians to disconnect additional components and circuits unrelated 
to the EPS functionality that may affect the active mode efficiency or 
no-load performance of an EPS as tested according to the test 
procedure.
    CTA, NEMA/ALA, and ITI supported amending the test procedure to 
allow the disconnection of non-EPS functions during testing. These 
stakeholders recommended that DOE include explicit directions for 
technicians on how to disconnect non-EPS functions. (CTA, No. 11 at pp. 
2-3; NEMA/ALA, No. 12 at p. 6; ITI, No. 13 at p. 4) Specifically, CTA 
recommended that a ``hard,'' or physical, disconnection be acceptable 
regardless of whether the EPS has an external switch or other external 
mechanism to facilitate disconnection for the user. (CTA, No. 11 at pp. 
2-3) NEMA/ALA stated that manufacturers should be allowed to modify 
EPSs by both bypassing and/or disconnecting circuits. (NEMA/ALA, No. 12 
at p. 6) ITI suggested that DOE include language indicating that a 
disconnection may be performed externally via switch if present, or 
internally through a hardwire physical disconnection. (ITI, No. 13 at 
p. 4)
    Conversely, the CA IOUs objected to disconnecting certain functions 
from an EPS. The CA IOUs asserted that the test procedure should 
capture the maximum potential power draw of an EPS and should thus 
require that EPSs be tested with all functions enabled. The CA IOUs 
also expressed concern with the introduction of possible loopholes as a 
result of language allowing for technicians to disconnect certain 
functions and urged DOE to carefully consider the amended language in 
order to minimize such loopholes. (CA IOUs, No. 10 at p. 3)
    EPCA requires test procedures to be reasonably designed to produce 
test results which measure energy efficiency, energy use, or water use 
of a covered product during a representative average use cycle or 
period of use and not be unduly burdensome to conduct. (42 U.S.C. 
6293(b)(3)) In the present case, DOE is amending the test procedure for 
EPSs. To the extent that a test procedure were to capture the energy 
use of a major function of a product other than that associated with an 
EPS, the resulting measured energy use would not be representative of 
the EPS, as that term is defined for the purpose of the energy 
conservation regulations. DOE notes that section 4(j) of the test 
procedure as amended in this final rule permits disconnection of a 
major function other than the EPS only if disconnecting such components 
does not affect the efficiency of the EPS and the ability of the 
product to convert household electric current into DC current or lower-
voltage AC current.
    DOE agrees that additional explicit instruction on how to 
disconnect other major functions would be helpful. To this end, DOE has 
added language in section 4(j) of appendix Z to clarify that other 
functions may be disconnected ``via a physical, or hardwire, 
disconnection or via a manual switch'' before testing; that the surge 
protection circuit may be ``physically'' disconnected during testing; 
and that a disconnection performed by a technician must be able to be 
replicated by a third-party test facility. These instructions will both 
assist the certification process as well as prevent inconsistent 
disconnections, thereby minimizing possible loopholes regarding the 
disconnection of components.

D. Adaptive EPSs

1. USB-PD EPSs
    As discussed earlier in this document, DOE has issued test 
procedure waivers for several basic models of adaptive EPSs that meet 
the provisions of IEC 62680-1-2 (i.e., USB-PD EPSs). (Case Nos. EPS-001 
(Apple), EPS-002 (Microsoft), EPS-003 (Poin2 Labs), EPS-004 (Hefei 
Bitland), 2017-014 (Huawei), 2018-005 (Apple), and 2018-010 
(Apple)).\14\ The IEC 62680-1-2 specification contains the voltage, 
current, and digital communication requirements for the USB-PD system. 
Specifically, the USB-PD specification allows for the output voltage of 
a compatible EPS to adaptively change between 5 volts, 9 volts, 15 
volts and 20 volts while allowing for currents up to 3 amps for the 
first three voltage levels and up to 5 amps at the 20-volt level upon 
request from a load using an established digital communication 
protocol. As a result, the USB-PD specification allows for seamless 
interoperability across multiple consumer products with different input 
voltage requirements such as a mobile phone, tablet, or laptop.
---------------------------------------------------------------------------

    \14\ See also Case No. 2019-005. (Anker).
---------------------------------------------------------------------------

    As described in the notice of decision and order granting waivers 
to Apple, Microsoft, Poin2, and Bitland, DOE determined that applying 
the DOE test procedure to USB-PD EPSs would yield results that would be 
unrepresentative of the active-mode efficiency of those products. 83 FR 
11738, 11739. In granting the test procedure waivers, DOE concluded 
that, when using a USB-PD EPS to charge an end-use product at the 
lowest voltage level of 5 volts, the product would rarely draw more 
than 2 amps of current at 5 volts (i.e., a power draw of more than 
10W). Id. Nonetheless, for a USB-PD EPS with a nameplate output current 
of 3 amps, the DOE test procedure requires that the EPS's efficiency be 
measured at a current of 3 amps at the lowest voltage condition of 5 
volts (i.e., a power draw of 15W). As a result, the efficiency of such 
an EPS, when evaluated at that higher power draw (15W vs. 10W), would 
result in a measurement that is unrepresentative of the actual energy 
consumption characteristics of the USB-PD EPS being tested. Id.
    USB-PD EPSs subject to the referenced waivers must be tested such 
that when testing at the lowest achievable output voltage (i.e., 5 
volts), the output current is 2 amps (corresponding to an output power 
of 10W) at the 100% loading condition. The 75%, 50%, and 25% loading 
conditions are scaled accordingly under this alternate procedure (i.e., 
1.5 amps, 1 amp, and 0.5 amps, respectively). When tested in this 
manner, the resulting power draws are 10W, 7.5W, 5W, and 2.5W--and 
stands in contrast to the test procedure at appendix Z, which requires 
power draws of 15W, 11.25W, 7.5W, and 3.75W at the 100%, 75%, 50%, and 
25% loading conditions, respectively. See id. at 83 FR 11739-11740. As 
a result, DOE proposed to amend appendix Z to adopt the alternate test 
procedure established in the relevant test procedure waivers. 84 FR 
67111-67113.
    The CA IOUs supported the alternate test procedure for USB-PD EPSs, 
stating that previous manufacturer waivers and supporting field data 
validate the assertion that adaptive USB-PD products in the field would 
provide lower than their maximum rated current in low-voltage charging 
scenarios. (CA IOUs, No. 10 at p. 2) In addition, the CA IOUs suggested 
that the proposed 2-amp limit for USB-PD EPSs at the lowest nameplate 
output voltage be

[[Page 51211]]

periodically revised to ensure that future generations of products with 
potentially different performance characteristics are also tested in a 
representative manner. (Id.)
    For any waiver that DOE grants, it must also, as soon as 
practicable, amend its regulations to eliminate any need for the 
continuation of such waiver followed by the publication of a final 
rule. 10 CFR 430.27(l). Pursuant to DOE's test procedure waiver 
regulations and to improve the representativeness of the EPS test 
procedure, DOE is amending the EPS test procedure to adopt the 
alternate test procedure for USB-PD EPSs permitted in the previously 
granted test procedure waivers.
    In response to the CA IOU's suggestion that DOE periodically revise 
the test procedure in response to changes in the products on the 
market, DOE notes that EPCA requires that, at least once every 7 years, 
DOE evaluate test procedures for each type of covered product, 
including EPSs, to determine whether amended test procedures would more 
accurately or fully comply with the requirements that the test 
procedures not be unduly burdensome to conduct and be reasonably 
designed to produce test results that reflect energy efficiency, energy 
use, and estimated operating costs during a representative average use 
cycle or period of use. (42 U.S.C. 6293(b)(1)(A)). DOE will consider 
future generations of USB-PD EPSs on the market through ongoing 
evaluations of the test procedure consistent with these requirements.
2. Nameplate Output Power for Testing USB-PD EPSs
    In conjunction with proposing to require testing of USB-PD EPSs at 
a maximum output current of 2 amps, corresponding to an output power of 
10W at the 5-volt level, DOE also proposed in the December 2019 NOPR to 
amend the definition of nameplate output power in appendix Z to 
explicitly state that for USB-PD ports, the nameplate output power is 
10W at the 5-volt level and as specified on the manufacturer's label or 
documentation at the highest voltage. 84 FR 67106, 67113. As proposed 
for all USB-PD EPSs, all of the required reported values would be 
provided, but with the loading conditions at the lowest operating 
voltage scaled such that the output current at the 100%, 75%, 50%, and 
25% loading conditions would be set at 2 amps, 1.5 amps, 1 amp, and 0.5 
amps, respectively. Id.
    ITI expressed concern with what it characterized as DOE's approach 
to modifying the definition of nameplate output power in appendix Z, 
citing that the proposed amendment would introduce confusion and burden 
to manufacturers who are required to comply with other industry 
specifications for nameplate labels. (ITI, No. 13 at pp. 1-2) ITI 
asserted that the nameplate label for certain types of EPSs is strictly 
defined by the specification IEC 62368-1, ``Audio/video, information 
and communication technology equipment--Part 1: Safety requirements.'' 
This specification states that the measured input current or power at 
the rated voltage shall not exceed the rated current or power by more 
than 10%. ITI asserted that this requirement would cause USB-PD EPSs 
with a labeled output power of 10W (2 amps at 5 volts), but actually 
capable of outputting 15W (3 amps at 5 volts), to fail compliance 
testing for IEC 62368-1 because the tested current would exceed the 
nameplate value by more than 10%. Moreover, under IEC 62368-1, the 
available current must not exceed a maximum rated output of power 
delivery specification by more than 150% for ratings up to 2 amps after 
5 seconds or 130% for ratings greater than 2 amps. Based on these 
provisions, ITI asserted that the proposed amendments related to an 
EPS's nameplate output power would conflict with requirements specified 
in IEC 62368-1. (Id. at p. 2)
    DOE acknowledges that the definition of nameplate output power as 
proposed in the December 2019 NOPR may be understood to conflict with 
the relevant industry standard. The purpose of the proposed definition 
was to instruct manufacturers to test USB-PD EPSs using 10W at the 5-
volt level regardless of what is represented on the nameplate or other 
manufacturer materials (i.e., DOE did not intend for its proposal to 
require that manufacturers change the information provided on the 
nameplate). In this final rule, DOE amends the definition of nameplate 
output power as proposed in the November 2021 SNOPR to explicitly state 
that when testing an adaptive external power supply with USB-PD ports, 
in place of the nameplate output power at the lowest voltage, use an 
output power calculated as the product of its lowest nameplate output 
voltage and 2 amps for each USB-PD port and as specified on the 
manufacturer's label or documentation at the highest voltage. To 
prevent potential conflicts with other industry labeling requirements, 
DOE is also specifying that the definition only applies to DOE testing 
and certification requirements and is unrelated to the physical 
nameplate label or documentation of an EPS. With these adjustments to 
its proposed requirements, the amendment in this final rule to modify 
the definition of nameplate output power does not conflict with 
certification requirements of other industry standards, such as IEC 
62368-1.
3. Supporting Definitions for USB-PD EPSs
    In the December 2019 NOPR, DOE proposed to add definitions for USB-
PD EPS and the physical USB Type-C connector that supports it in 
section 3 of appendix Z to reflect the voltage and current requirements 
specified in IEC 62680-1-2. 84 FR 67106, 67113. To define a USB-PD EPS, 
DOE presented two approaches and requested comment. Id.
    The first approach proposed to define a USB-PD EPS as an adaptive 
EPS that utilizes a USB Type-C output port and uses a digital protocol 
to communicate between the EPS and the end-user product to 
automatically switch between an output voltage of 5 volts and one or 
more of the following voltages: 9 volts, 15 volts, or 20 volts. The 
USB-PD output bus must also be capable of delivering 3 amps at an 
output voltage of 5 volts, and the voltages and currents must not 
exceed any of the following values for the supported voltages: 3 amps 
at 9 volts; 3 amps at 15 volts; and 5 amps at 20 volts. Under this 
approach, DOE proposed also defining the term ``USB Type-C'' as ``the 
reversible 24-pin physical USB connector system that supports USB-PD 
and allows for the transmission of data and power between compatible 
USB products.'' Id.
    The second approach considered referencing IEC 62680-1-2 in the 
USB-PD EPS and USB Type-C definitions. Id. With this approach, the 
definitions would reference either the entire industry standard or the 
individual pertinent sections.
    In response to the December 2019 NOPR, the CA IOUs expressed 
concern with the proposed definitions for a USB-PD EPS and a USB Type-C 
Connector. Specifically, the CA IOUs stated that by specifying 
electrical and physical requirements in the definitions, future 
generations of USB-PD or similar devices would be excluded from the 
definition and thus the appropriate test procedure. (CA IOUs, No. 10 at 
p. 2) The CA IOUs recommended that DOE instead define a USB-PD EPS as 
an EPS that meets IEC 62680-1-2, or an equivalent specification. (Id.) 
The CA IOUs also recommended that DOE broaden the scope of the 
definition of a USB-PD EPS

[[Page 51212]]

in order to account for future generations of USB-PD EPSs. Id.
    Also, in response to the December 2019 NOPR, ITI stated that the 
proposed definition of a USB-PD EPS does not take into account 
programmable power supplies (``PPSs''), which are defined in IEC 62680-
1-2. (ITI, No. 13 at p. 3) According to ITI, PPSs are able to output a 
minimum voltage of 3.3 volts, in contrast to the minimum voltage of 5 
volts as specified in the proposed definition of a USB-PD EPS. 
Additionally, ITI recommended that the proposed definition include USB-
PD EPSs with different voltage and current requirements, including 
PPSs, than those voltages and currents specified in the proposed 
definition of a USB-PD EPS in the December 2019 NOPR. (Id.) ITI claimed 
that equating the requirement of testing at 2A to a power output at 10W 
does not apply to PPSs, which are capable of outputting 3.3V. (Id.)
    In response to these comments, DOE updated its proposed definition 
of USB-PD EPS in the November 2021 SNOPR to refer to an adaptive EPS 
that utilizes a USB Type-C output port and uses a digital protocol to 
communicate between the EPS and the end-user product to automatically 
switch between any output voltage within the range of 3.3 volts to 20 
volts. 86 FR 60376, 60384. The USB-PD output bus must be capable of 
delivering 3 amps at the lowest output voltage, and the currents must 
not exceed any of the following values for the supported voltages: 3 
amps at 9 volts; 3 amps at 15 volts; and 5 amps at 20 volts. Id. DOE 
also proposed to revise the definition of nameplate output power, as 
discussed in section III.D.2 of this document. Id.
    In response to these updated proposals, the CA IOUs again 
recommended that DOE adopt a definition of USB-PD that does not specify 
a maximum of 20V and 5A, asserting that this definition may soon be out 
of date, and suggested aligning the USB-PD standards with announcements 
from the USB Implementers Forum (``USB-IF''). (CA IOUs, No. 25 at pp. 
5-6) The CA IOUs commented that the USB-IF has announced that USB-PD 
Specification Revision 3.1 would enable delivery of up to 240 Watts of 
power over Type-C (specifically, 48V at 20A). (Id. at p. 5)
    DOE notes in response to the CA IOUs that in incorporating the 
waiver instructions to allow USB-PD adaptive power supplies to be 
tested at 2A for the 100% loading condition at the lowest voltage as 
described in section III.D.1, DOE first needed to define USB-PD to 
align with the products for which the waivers were initially granted. 
In doing so, DOE had carefully evaluated the definition published by 
USB-IF at the time to determine whether it was appropriate for use in 
describing the type of adaptive EPSs for which the alternate 
instructions would capture its energy performance more 
representatively. If DOE instead defined USB-PD to align with any 
forthcoming specification from USB-IF, it would not be able to ensure 
that the alternate instructions would continue to be representative. As 
such, in this final rule, DOE will adopt the definition of USB-PD as 
defined in the November 2021 SNOPR. DOE also notes that EPCA requires 
that, at least once every 7 years, DOE evaluate test procedures for 
each type of covered product, including EPSs, to determine whether 
amended test procedures would more accurately or fully comply with the 
requirements that the test procedures not be unduly burdensome to 
conduct and be reasonably designed to produce test results that reflect 
energy efficiency, energy use, and estimated operating costs during a 
representative average use cycle or period of use. (42 U.S.C. 
6293(b)(1)(A)). DOE will therefore consider future generations of USB-
PD EPSs through on-going evaluations to ensure the alternate 
instructions continue to be appropriate.
    In this final rule, DOE is amending its test procedure to establish 
definitions for USB-PD EPS and USB Type-C as proposed in the November 
2021 SNOPR. DOE is also establishing the alternate test procedure for 
USB-PD EPSs to account for lower voltages that the latest specification 
of USB-PD can support. DOE will consider future generations of USB-PD 
EPSs through on-going evaluations of the market and its EPS test 
procedure.
4. Certification Requirements for Adaptive EPSs
    In the December 2019 NOPR, DOE proposed to amend the certification 
requirements for USB-PD EPSs. 84 67106, 67113. The current 
certification requirements for adaptive EPSs require reporting the 
nameplate output power in W at the highest and lowest nameplate output 
voltages, among other reported values. 10 CFR 429.37(b)(2)(iii). 
Section 2 of appendix Z defines nameplate output power as the power 
output as specified on the manufacturer's label on the power supply 
housing or, if absent from the housing, as specified in documentation 
provided by the manufacturer. Under the current test procedure, for a 
USB-PD EPS, the nameplate output power at the lowest nameplate voltage 
of 5 volts would be 15W.
    DOE is not adopting the proposed amendments to the certification 
requirements in this final rule. DOE may consider proposals to amend 
the certification requirements and reporting for EPS under a separate 
rulemaking regarding appliance and equipment certification.
    DOE has also received general inquiries about the certification 
requirements related to adaptive EPSs that meet the definition of a 
low-voltage EPS \15\ at one output voltage and the definition of a 
basic-voltage EPS \16\ at another. In response to these inquiries, DOE 
clarifies that the certification templates \17\ for EPSs require 
specifying--for each tested voltage--the applicable product group code, 
which includes an indication of whether the tested voltage meets the 
definition of low-voltage EPS or basic-voltage EPS.
---------------------------------------------------------------------------

    \15\ DOE defines ``low-voltage EPS'' as an EPS with a nameplate 
output voltage less than 6 volts and nameplate output current 
greater than or equal to 550 milliamps. 10 CFR 430.2.
    \16\ DOE defines ``basic-voltage EPS'' as an EPS that is not a 
low-voltage external power supply. 10 CFR 430.2.
    \17\ DOE's certification templates are provided at 
www.regulations.doe.gov/ccms/templates.
---------------------------------------------------------------------------

    For example, consider a direct-operation adaptive AC-DC EPS that 
can output 5W (5 volts, 1 amp) at its lowest nameplate output voltage, 
and 18W (9 volts, 2 amps) at its highest nameplate output voltage. This 
EPS is a low-voltage EPS at its lowest nameplate output voltage of 5 
volts and a basic-voltage EPS at its highest nameplate output voltage 
of 9 volts. Accordingly, when certifying this EPS, the manufacturer 
would indicate in the certification template that the lowest nameplate 
output voltage corresponds to the product group code identified as 
``Direct Operation, Adaptive, AC-DC, nameplate output voltage < 6 volts 
and nameplate output current >= 550 milliamps, 1 watt < nameplate 
output power <= 49 watts''; and that the highest nameplate output 
voltage corresponds to the product group code identified as ``Direct 
Operation, Adaptive, AC-DC, nameplate output voltage >= 6 volts or 
nameplate output current < 550 milliamps, 1 watt < nameplate output 
power < = 49 watts''.

E. Output Cords

    The current EPS test procedure requires EPSs to be tested with the 
DC output cord supplied by the manufacturer. See appendix Z, section 
4(a)(i)(A). DOE has stated that allowing an EPS to be tested without 
the power cord would ignore the losses associated

[[Page 51213]]

with the cord and allow for an EPS that is less efficient than the 
efficiency standards intended. See 80 FR 51424, 51429 (August 25, 
2015). Accordingly, DOE specified that EPSs must be tested with the 
output cord supplied by the manufacturer. Id. Appendix Z does not 
provide specific instructions for testing EPSs that are not supplied 
with output cords. In response to inquiries regarding how to test EPSs 
that are not shipped with a DC output cord, DOE proposed to amend the 
test procedure to explicitly state that if a wire or cord is not 
supplied by the manufacturer, then the EPS shall be tested at the 
output electrical contact that can be connected to a physical wire in 
the December 2019 NOPR. 84 FR 67106, 67124-67125. DOE did not receive 
any comments on this proposed amendment.
    Since the analysis conducted in support of the December 2019 NOPR, 
DOE has observed an increasing number of EPSs that are not packaged or 
supplied with an accompanying DC output cord.\18\ In the November 2021 
SNOPR, DOE proposed that if an EPS is not supplied with an output cord, 
then the EPS must be tested with an output cord that is recommended for 
use by the manufacturer. In addition, DOE sought comments on whether 
the test procedure should specify testing with a DC output cord 
recommended for use by manufacturers, or whether DOE should specify 
electrical specifications for the type of cord. 86 FR 60376, 60382-
60383. The illustrative example of output cord electrical 
specifications from the November 2021 SNOPR are presented in Table 
III.1.
---------------------------------------------------------------------------

    \18\ See e.g., LENCENT USB Wall Charger Plug, 2Pack 17W 3-Port 
USB Plug Cube Portable Charger sold on newegg.com, 
www.regulations.gov/document/EERE2019-BT-TP-0012-0015; ORICO DCAP-5U 
5-Port USB Wall Charger adapter sold on newegg.com, 
www.regulations.gov/document/EERE-2019-BT-TP-0012-0014; Sony Camera 
Charger UB10 USB to AC Power Adapter sold on newegg.com, 
www.regulations.gov/document/EERE-2019-BT-TP-0012-0016.

        Table III.1--Illustrative Example Output Cord Electrical Specifications From November 2021 SNOPR
----------------------------------------------------------------------------------------------------------------
  DC output current at 100% loading condition     Cord length                                      American wire
                    (amps)                          (feet)                  Conductor                  gauge
----------------------------------------------------------------------------------------------------------------
0 < I <= 1....................................               3  Copper..........................              26
1 < I <= 2....................................               3  Copper..........................              24
2 < I <= 3....................................               3  Copper..........................              22
3 < I <= 4....................................               3  Copper..........................              20
4 < I <= 5....................................               3  Copper..........................              18
I > 5.........................................               3  Copper..........................              16
----------------------------------------------------------------------------------------------------------------

    DOE received multiple comments from stakeholders on this proposal 
in the November 2021 SNOPR. Aohai recommended testing with output cords 
based on their cable resistance rather than American wire gauge 
(``AWG''), stating that resistance is the key factor for efficiency 
rather than AWG size. (Aohai, No. 18 at p. 1) DOE acknowledges that 
resistance is a significant factor in determining the efficiency of 
output cords. Resistance of a cord is largely determined by three 
factors: cross-sectional area, material resistivity, and cable length. 
Table III.1 specifies the cross-sectional area with AWG, material 
resistivity with the use of copper, and cord length with an explicit 
value. DOE believes that specifying these three parameters would 
sufficiently define the resistance of the testing cable without 
requiring extra measurements or calculations during the testing 
procedure.
    The CA IOUs stated that there are USB-PD devices with output power 
levels that are unable to be met with certain cords. Therefore, to 
ensure repeatable and accurate test results, the CA IOUs proposed that 
DOE provide specific output cable characteristics for testing USB-PD 
products rather than the manufacturer-recommended cable. (CA IOUs, No. 
25 at p. 5) DOE acknowledges the existence of USB-PD products that 
require specific output cord requirements. DOE notes that by specifying 
testing with an output cord as recommended by the EPS manufacturer, the 
test procedure would measure the energy efficiency of an EPS in a 
manner representative of how they are used in everyday applications. If 
practical capabilities of a device are bound by the choice of output 
cord, a manufacturer would be able to account for this in its output 
cord recommendation.
    AHAM/CTA/OPEI/PMI/PTI and NEEA/ASAP/NRDC supported DOE's proposal 
to test EPSs with the manufacturer-recommended cord in situations in 
which no output cord is supplied with the EPS. (NEEA/ASAP/NRDC, No. 27 
at p. 4; AHAM/CTA/OPEI/PMI/PTI, No. 26 at p. 2) For instances in which 
no output cord is supplied or recommended, NEEA/ASAP/NRDC encouraged 
DOE to specify an output cord for testing, similar to Table III-I in 
the SNOPR. (NEEA/ASAP/NRDC, No. 27 at p. 4) AHAM/CTA/OPEI/PMI/PTI 
stated that they are evaluating the proposal for recommending 
electrical specifications and may provide further comment at a later 
date. (AHAM/CTA/OPEI/PMI/PTI, No. 26 at p. 2)
    ITI supported testing with a DC output cord recommended for use by 
manufacturers during both the certification process and for assessment 
testing. ITI suggested that when a manufacturer is unable to specify a 
DC output cord, DOE should specify electrical specifications for the 
type of cord to be used for testing. ITI requested that DOE share the 
data used to make Table III-I in the November 2021 SNOPR. (ITI, No. 22 
at pp. 2-3)
    The values provided in Table III-I of the November 2021 SNOPR were 
illustrative examples of potential output cord characteristics based on 
DOE's observations of the EPS market. DOE sought input from industry on 
the electrical specifications, and/or whether there exists an industry 
standard that contains specifications for electrical cables, which DOE 
could incorporate by reference. 86 FR 60376, 60383. In response to its 
request, DOE did not receive any data or additional information.
    In this final rule, DOE is finalizing its proposal to require that 
EPSs be tested with the output cord they are shipped with. For EPSs not 
shipped with an output cord, the EPS must be tested with a 
manufacturer's recommended output cord. For EPSs not shipped with an 
output cord and for which the manufacturer does not recommend an output 
cord, the amendments specify that the EPS must be tested with a 3-foot-
long output cord with a conductor thickness that is minimally 
sufficient to carry the maximum required current.

[[Page 51214]]

F. Other Proposed Amendments

    DOE is adopting additional amendments to improve the overall 
readability and structure of the test procedure. Throughout appendix Z, 
DOE is removing definitions that are no longer relevant, centralizing 
the remaining definitions, consolidating generally applicable 
requirements, and harmonizing the instructions for single-voltage, 
multiple-voltage, and adaptive EPSs. These revisions improve the 
readability of the test procedure without resulting in substantive 
changes.
1. Organization of EPS Definitions
    In the December 2019 NOPR, DOE proposed various amendments related 
to the EPS-related definitions located at 10 CFR 430.2 and appendix Z. 
84 FR 67106, 67115. Stakeholders generally did not raise any concerns 
related to these proposed amendments but suggested further edits to 
certain definitions, as described in the following sections.
a. Removing Redundant EPS Definitions
    In the December 2019 NOPR, DOE proposed to remove certain 
definitions that had been carried over from previous revisions of 
appendix Z but are no longer referenced in either the current or the 
proposed test procedure. Id. at 84 FR 67115. Specifically, DOE proposed 
to remove the definitions of ``apparent power,'' ``instantaneous 
power,'' ``nameplate input frequency,'' ``nameplate input voltage,'' 
and ``true power factor.''
    DOE did not receive any comments regarding the removal of these 
redundant definitions and is amending its regulations consistent with 
the December 2019 NOPR.
    Separately, CSA noted that DOE's proposal did not include a 
definition for ``single-voltage external power supply.'' (CSA, No. 9 at 
p. 1) DOE interprets this comment as referring to the definition for 
``single-voltage external AC-DC power supply.'' DOE did not intend to 
remove this definition as part of the amendments presented in the 
December 2019 NOPR and the final rule continues to maintain that 
definition.
b. Location of EPS Definitions
    In the December 2019 NOPR, DOE proposed moving all EPS-related 
definitions that are currently defined in 10 CFR 430.2 to the EPS test 
procedure at appendix Z. 84 FR 67106, 67115. Specifically, DOE proposed 
to move the definitions of ``adaptive external power supply,'' ``basic-
voltage external power supply,'' ``direct operation external power 
supply,'' ``indirect operation external power supply,'' and ``low-
voltage external power supply'' from 10 CFR 430.2 to appendix Z. In the 
December 2019 NOPR, DOE also proposed to include the definition of 
``Class A external power supply'' in appendix Z while also retaining it 
at 10 CFR 430.2. Id. at 84 FR 67116. Furthermore, DOE proposed to add a 
sentence to the definition of an external power supply at 10 CFR 430.2, 
directing the reader to appendix Z for other EPS-related definitions to 
ensure that even though the EPS-related definitions were being moved to 
the test procedure, they would apply throughout 10 CFR part 430, 
including 10 CFR 430.32. Id. at 84 FR 67115. However, in the November 
2021 SNOPR, DOE proposed to retain all but the definition of ``adaptive 
external power supply'' in their current location in 10 CFR 430.2 
because these terms are not used elsewhere in the test procedure, 
superseding what was proposed in the December 2019 NOPR. 86 FR 60376, 
60382. DOE noted that as these definitions were largely remaining in 10 
CFR 430.2, the proposal to add a sentence to the definition of an 
external power supply would also no longer be required. Id.
    DOE did not receive any comment on the proposals made in the 
November 2021 SNOPR. In this final rule, DOE is amending the test 
procedure to include the definition of ``adaptive external power 
supply'' as established in 10 CFR 430.2 in appendix Z as well to allow 
users of the test procedure to review the definition at once without 
having to navigate between multiple areas of the CFR. DOE is also 
finalizing its November 2021 SNOPR proposals to keep the definitions 
for ``basic-voltage external power supply,'' ``direct operation 
external power supply,'' ``indirect operation external power supply,'' 
``low-voltage external power supply,'' and ``Class A external power 
supply'' in 10 CFR 430.2.
c. Revising Definition of Active Mode Efficiency
    In the December 2019 NOPR, DOE proposed to modify the definition of 
``average active-mode efficiency'' in appendix Z to explicitly state 
that the average active-mode efficiency is the average of the active 
mode efficiencies at the loading conditions for which an EPS can 
sustain the output current, rather than the average of the loading 
conditions. 84 FR 67106, 67115-67116. Under the proposal, this term 
would be defined as ``the average of the active mode efficiencies at 
the loading conditions (100%, 75%, 50%, and 25% of the unit under 
test's nameplate output current) for which that unit can sustain the 
output current.'' Id. As explained in the December 2019 NOPR, this 
proposal would not change the meaning of the definition; rather it 
would improve the readability of the test procedure. Id.
    DOE did not receive any comments on this proposal and is adopting 
it in this final rule.
2. Consolidating Duplicative Test Requirements
    Section 3 of appendix Z currently includes two subsections that 
specify the test apparatus and general instructions--section 3(a) 
specifies the requirements for single-voltage EPSs, and section 3(b) 
specifies the requirements for multiple-voltage EPSs. The requirements 
in these two subsections are largely the same. In the December 2019 
NOPR, DOE proposed to combine these requirements and remove the 
separate subsections for single-voltage and multiple-voltage EPSs in 
order to provide a single, unified section for the test apparatus 
provisions and general instructions. 84 FR 67106, 67116.
    DOE also proposed to consolidate the requirements regarding the 
required test load from sections 4(a)(i)(F) and 4(b)(i)(D) into a new 
section 4(f) of appendix Z, because this requirement would remain the 
same across all EPSs. Id. Similarly, DOE proposed to consolidate the 
requirements regarding how to attach power metering equipment from 
sections 4(a)(i)(A) and 4(b) into new sections 4(g) of appendix Z. Id.
    The CA IOUs expressed their support for consolidating duplicative 
test requirements. (CA IOUs, No. 10 at p. 3)
    For the reasons discussed in the December 2019 NOPR and in the 
preceding discussion, DOE adopts these amendments in this final rule. 
To improve readability of the test procedure, DOE however notes that 
this final rule further splits the consolidated requirements regarding 
how to attach power metering equipment into two sections 4(g) and 4(h) 
and, as a result, also renumbers all subsequent subsection in section 
4.
3. Harmonizing Instructions for Single-Voltage and Multiple-Voltage 
EPSs
    In the December 2019 NOPR, DOE proposed to amend sections 4(a) and 
4(b) of appendix Z. 84 FR 67106, 67116. These sections provide testing 
requirements for single-voltage and multiple-voltage EPSs, 
respectively, and DOE proposed to harmonize these requirements. 
Applying both a similar structure and common set of instructions to 
these sections would improve the procedure's readability and

[[Page 51215]]

reduce the likelihood of procedural errors during testing. These 
proposed updates would retain the current testing requirements.
    The CA IOUs agreed with DOE's amendments related to the 
harmonization of instructions for single-voltage and multiple-voltage 
EPSs (CA IOUs, No. 10 at p. 3)
    For the reasons discussed in the December 2019 NOPR and the 
preceding discussion, DOE adopts these amendments in this final rule.
4. Unsustainable Loading Provisions
    Section 4(a)(i)(C)2 of appendix Z specifies for single-voltage EPSs 
that if the EPS cannot sustain output at one or more of the loading 
conditions prescribed by the procedure (i.e., 25%, 50%, 75%, and 100%), 
then it must be tested only at the loading conditions for which it can 
sustain output, and the average active-mode efficiency is calculated as 
the average of the loading conditions for which it can sustain the 
output. In the December 2019 NOPR, DOE proposed to clarify this 
existing requirement to state that of the outputs that are sustainable, 
the EPS must be tested at the loading conditions that allow for the 
maximum output power on that bus (i.e., the highest output current 
possible at the highest output voltage). 84 FR 67106, 67116.
    Further, DOE proposed to reorganize this provision of the test 
procedure pertaining to unsustainable loading conditions by moving the 
part of this instruction related to the efficiency calculation to a 
newly designated section 5(a)(1)(vi), which would specify the 
requirements for calculating the tested EPS's efficiency. Id. DOE also 
proposed to replicate the same requirements in the newly designated 
sections 5(b)(1)(vi), 6(a)(1)(vi), and 6(b)(1)(vi) for multiple-
voltage, single-voltage adaptive, and multiple-voltage adaptive EPSs, 
respectively. Id.
    In response to the December 2019 NOPR, CSA commented that DOE's 
proposed amendment related to unsustainable loading conditions in 
sections 5(a)(1)(vi)(C) and 5(b)(1)(vi)(C) is unclear and confusing. 
CSA asserted that these testing requirements should be applicable only 
to EPSs that are able to output an additional, higher, nameplate output 
voltage (i.e., adaptive EPSs). CSA suggested that DOE include an 
example of an application where an EPS cannot sustain output at one or 
more of the loading conditions in order to provide additional clarity 
to the proposed testing requirements. (CSA, No. 8 at p. 1)
    To provide additional direction, DOE is revising sections 
5(a)(1)(vi)(C) and 5(b)(1)(vi)(C) to state that testing be performed at 
the loading condition that allows for the maximum output power on that 
bus that can be sustained for the duration of the test (i.e., the 
highest sustainable output current possible at the highest output 
voltage on that bus). (Additional language from the proposed language 
shown in italics). While not referenced in the comment from CSA, 
sections 6(a)(1)(vi)(C) and 6(b)(1)(vi)(C) of appendix Z gave similar 
instructions for unsustainable loading conditions for adaptive EPSs. To 
be consistent, DOE is revising these sections to include the additional 
direction as well. Because this amendment will apply to all types of 
EPSs, DOE is also including it in the test procedure sections for non-
adaptive EPSs as well as adaptive EPSs (sections 5(a)(1)(vi)(C), 
5(b)(1)(vi)(C), 6(a)(1)(vi)(C), 6(b)(1)(vi)(C)).
5. Correcting Table References
    In the December 2019 NOPR, DOE proposed to revise the current 
version of section 4(b)(i) of appendix Z to correct a reference error 
to refer to ``Table 2'' rather than ``Table 1,'' as currently 
referenced. 84 FR 67106, 67116.
    DOE received no comments on this proposal and is adopting this 
amendment in this final rule.
6. Error in Proposed Regulatory Text
    The proposed regulatory text included in the December 2019 NOPR 
contained an inadvertent error related to the proposed amendments for 
EPSs with other major functions. Specifically, in the December 2019 
NOPR regulatory text, section 4(h) stated:
    ``(h) While external power supplies must be tested in their final, 
completed configuration in order to represent their measured efficiency 
on product labels or specification sheets, any functionality that is 
unrelated to the external power supply circuit may be disconnected 
during testing as long as the disconnection does not impact the 
functionality of the external power supply itself. Test the external 
power supply in its final configuration to the extent possible (within 
its enclosure and with all output cords that are shipped with it).'' 
Id. at 84 FR 67125.
    However, DOE intended to keep the language of section 4(a)(i)(B) of 
the current DOE test procedure in the newly designated section 4(i) of 
the revised test procedure. Section 4(i) is intended to read as 
follows:
    (i) External power supplies must be tested in their final, 
completed configuration in order to represent their measured efficiency 
on product labels or specification sheets. Although the same procedure 
may be used to test the efficiency of a bare circuit board power supply 
prior to its incorporation into a finished housing and the attachment 
of its DC output cord, the efficiency of the bare circuit board power 
supply may not be used to characterize the efficiency of the final 
product (once enclosed in a case and fitted with a DC). For example, a 
power supply manufacturer or component manufacturer may wish to assess 
the efficiency of a design that it intends to provide to an OEM for 
incorporation into a finished external power supply, but these results 
may not be used to represent the efficiency of the finished external 
power supply.
    This final rule contains the correct language in new sections 4(i) 
and 4(j) as described. DOE has also added the phrase ``Except as 
provided in section 4(j)'' to the beginning of section 4(i) to account 
for the amendments made regarding the disconnection of certain 
components of EPSs. This correction does not change the testing 
requirements for manufacturers, as the requirements for allowing 
manufacturers to disconnect certain functions unrelated to the power 
conversion of an EPS is presented in section 4(j) as adopted in this 
final rule.

G. Measurement and Reporting

    Additionally, commenters provided recommendations as to measurement 
and reporting of power factor for EPSs. The CA IOUs encouraged DOE to 
consider past and recent comments in support of the measurement and 
reporting of power factor, and the alignment of load points with the 
European Union Code of Conduct on External Power Supplies. (CA IOUs, 
No. 25 at p. 6) NEEA/ASAP/NRDC recommended that DOE measure and report 
power factor at all active loading conditions. NEEA/ASAP/NRDC asserted 
that measuring power factor would add little to no incremental test 
burden and that consideration of power factor has the potential for 
significant cost-effective energy savings using readily available 
technologies. (NEEA/ASAP/NRDC, No. 27 at pp. 5-6)
    In an AC power system, power factor is defined as the ratio of the 
real power to the apparent power delivered to a load.\19\ An EPS that 
results in a low power factor represents a load that draws more current 
than a load with a high-power factor for the same amount of useful work 
performed, with the higher currents resulting in increased losses in 
the distribution system. DOE

[[Page 51216]]

notes that it did not propose to include provisions for the measurement 
of power factor in the December 2019 NOPR or the November 2021 SNOPR 
and is therefore unable to adopt such a measurement in this final rule.
---------------------------------------------------------------------------

    \19\ IEC 62301 defines ``power factor'' as the ratio of the 
measured real power to the measured apparent power.
---------------------------------------------------------------------------

    NEEA/ASAP/NRDC recommended that DOE require measurement and 
reporting of a 10% loading point separately from the active power 
measurement due to its frequent use in applications, current standards 
in Europe, and to provide an avenue for improved efficiency options. 
(NEEA/ASAP/NRDC, No. 27 at pp. 3-4)
    EPCA requires DOE to amend its test procedures for all covered 
products to include standby mode and off mode energy consumption, with 
such energy consumption integrated into the overall energy efficiency, 
energy consumption, or other energy descriptor for each covered 
product, unless the Secretary determines that (i) the current test 
procedures for a covered product already fully account for and 
incorporate the standby mode and off mode energy consumption of the 
covered product; or (ii) such an integrated test procedure is 
technically infeasible for a particular covered product, in which case 
the Secretary shall prescribe a separate standby mode and off mode 
energy use test procedure for the covered product, if technically 
feasible. (42 U.S.C. 6295(gg)(2)(A)) A 10% loading condition would not 
be a standby mode or off mode condition and, therefore, if adopted, it 
would need to be integrated into the current average active mode 
efficiency calculation, which currently averages the 25%, 50%, 75%, and 
100% loading conditions. DOE currently does not have robust data 
demonstrating how an additional measurement at a 10% loading condition 
would improve the representativeness of an EPS during an average use 
cycle. Consequently, DOE is declining to amend its specified loading 
conditions to include a measurement at 10% load in this final rule at 
this time.

H. Effective and Compliance Dates

    The effective date for the adopted test procedure amendment will be 
30 days after publication of this final rule in the Federal Register. 
EPCA prescribes that all representations of energy efficiency and 
energy use, including those made on marketing materials and product 
labels, must be made in accordance with an amended test procedure, 
beginning 180 days after publication of the final rule in the Federal 
Register. (42 U.S.C. 6293(c)(2))
    The 180-day mandate applies to all test procedure changes in this 
final rule with the exception of amendments related to testing EPSs 
that are not supplied with an output cord. Those requirements will not 
be required until such time as DOE were to amend the energy 
conservation standards for EPSs. As discussed previously in this 
document, appendix Z did not explicitly provide instructions for 
testing EPSs that are supplied without an output cord. Under the 
amended test procedure, a manufacturer will be required to test with a 
recommended output cord only at such time as compliance is required 
with amended energy conservation standards, should such standards be 
amended.
    EPCA provides an allowance for individual manufacturers to petition 
DOE for an extension of the 180-day period if the manufacturer may 
experience undue hardship in meeting the deadline. (42 U.S.C. 
6293(c)(3)) To receive such an extension, petitions must be filed with 
DOE no later than 60 days before the end of the 180-day period and must 
detail how the manufacturer will experience undue hardship. (Id.)
    Upon the compliance date of test procedure provisions in this final 
rule, any waivers that had been previously issued and are in effect 
that pertain to issues addressed by such provisions are terminated. 10 
CFR 430.27(h)(3). Recipients of any such waivers are required to test 
the products subject to the waiver according to the amended test 
procedure as of the compliance date of the amended test procedure. The 
amendments adopted in this document pertain to issues addressed by 
waivers granted to Apple, Microsoft, Poin2, Bitland, Huawei, and Anker 
for testing USB-PD EPSs (Case Nos. EPS-001, EPS-002, EPS-003, EPS-004, 
2017-014, 2018-005, 2018-010, 2019-005). The waivers issued to Apple, 
Microsoft, Poin2, Bitland, and Huawei will expire on the date on which 
testing is required using the amended test procedure. At such time 
Apple, Microsoft, Poin2, Bitland, and Huawei will be required to test 
the EPSs subject to the waivers according to the amended Federal test 
procedure.

I. Test Procedure Costs

    In this final rule, DOE amends the existing test procedure for EPSs 
by (1) clarifying the scope of the EPS test procedure at appendix Z by 
removing references to direct operation and indirect operation Class A 
EPSs and providing additional detail regarding the coverage of the test 
procedure; (2) providing supplemental detail for testing certain EPS 
configurations, including EPSs with multiple ports and EPS that include 
additional major functions; (3) addressing adaptive EPSs to reflect 
current industry testing standards and provide more representative 
results; (4) providing additional specification for the testing of EPSs 
that do not ship with an output cord; and (5) consolidating duplicative 
testing requirements, harmonizing testing requirements for single-
voltage and multiple-voltage EPSs, and improving organization of the 
test provisions regarding unsustainable loading conditions. DOE has 
determined that these amendments will not be unduly burdensome for 
manufacturers to conduct.
    DOE has determined that the test procedure, as amended by this 
final rule, would not impact testing costs. A further discussion of the 
cost impacts of the test procedure amendments are presented in the 
following paragraphs.
1. Scope of Applicability
    DOE is codifying published guidance to more explicitly exclude from 
coverage of the test procedure power supplies that are used to operate 
non-consumer products. As DOE is codifying existing guidance, this 
amendment will not impact the scope of the test procedure. DOE is also 
removing references to direct operations EPS and indirect operation 
Class A EPSs from appendix Z. Removal of these references will not 
change the existing scope of the test procedure, and this amendment 
simply reflects that the test procedure requires both types of EPSs to 
be tested in the same way.
    Additionally, DOE is clarifying that devices for which the primary 
load of the converted voltage within the device is not delivered to a 
separate end-use product are not subject to the EPS test procedure. As 
discussed in the prior sections of this document, the additional 
direction regarding the exclusion of EPSs for which the primary load of 
the converted voltage within the device is not delivered to a separate 
end-use product reflects the current application of the test procedure.
    For the reasons discussed, DOE has determined that the amendments 
related to the scope of the test procedure will outline more precisely 
the existing scope of the test procedure but will not change its scope, 
and therefore will not increase testing costs.
2. EPS Configurations
    DOE is providing more explicit instructions for testing single-
voltage EPSs that have multiple-output busses. For these EPSs, the 
amendment will not change the existing testing requirements but will 
improve the readability of the existing requirements. This amendment

[[Page 51217]]

provides supplemental detail but does not require manufacturers to test 
EPSs any differently and will not result in any changes in the 
associated testing cost compared to the current test procedure. 
Further, DOE is clarifying the testing requirements for adaptive EPSs 
that also operate as multiple-voltage EPSs. These amendments will not 
change the existing testing requirements for these types of EPSs, but 
rather provide additional detail and more specific instructions for 
these types of EPSs, consistent with how such EPSs are currently tested 
and rated. Consequently, these amendments will not require re-testing 
or re-rating of any existing EPSs with both adaptive and non-adaptive 
ports. Accordingly, these amendments will not result in any additional 
costs compared to the current test procedure.
    DOE is also providing further instructions on how to test EPSs that 
have other major functions. As proposed in the December 2019 NOPR and 
amended in this final rule, an EPS that has components and circuits 
unrelated to the EPS functionality may be disconnected during testing 
as long as that disconnection does not impact the functionality of the 
EPS itself. These amendments will provide supplemental detail but not 
require manufacturers to test EPSs any differently. DOE anticipates no 
change in the associated testing cost to result from this change 
compared to the current test procedure.
3. Adaptive EPSs
    With respect to USB-PD EPSs, DOE is adopting amendments based on 
the previously described petitions for waiver that were granted for 
these products. In conjunction with these amendments, because EPSs are 
required to be tested at their nameplate output power, DOE is amending 
the definition of ``nameplate output power'' to provide an exception 
for USB-PD EPSs, which would be defined as the product of 2 amps and 
the lowest operating voltage. The final rule changes the operating 
point at which testing is performed but does not require any additional 
tests beyond those already required under the current test procedure. 
Hence, manufacturers would not incur any additional costs compared to 
the existing test procedure.
    Manufacturers will be able to continue to rely on data generated 
under the test procedure, including any alternate test procedure 
permitted by DOE under a manufacturer-specific decision and order, 
using the amendments finalized in this final rule.
    DOE also notes that manufacturers were required to submit waiver 
petitions for USB-PD EPS basic models that required testing under the 
alternate test procedure outlined in section III.D.1 of this section. 
Thus, the adopted amendments related to USB-PD EPSs do not increase 
test burden but instead codify the existing test procedure requirements 
for USB-PD EPSs as specified in the waiver decisions and orders already 
granted to Apple, Microsoft, Poin2, Bitland, Huawei, and Anker.
4. Output Cords
    DOE is providing instructions for EPSs that are not shipped with an 
output cord, stating that the EPS must be tested with a manufacturer-
recommended output cord. If a cord is not recommended, then the EPS 
will be tested with a 3-foot-long output cord with a conductor 
thickness that is minimally sufficient to carry the required maximum 
current. The extent to which this amendment would impact the measured 
energy use of EPSs that are currently certified is uncertain. As 
established in this final rule, testing to this provision will not be 
required until such time as compliance is required with amended energy 
conservation standards, should such standards be adopted. However, DOE 
does not expect the cost of testing an EPS with an output cord to be 
different than testing one without an output cord. DOE also does not 
expect manufacturers to incur costs associated with obtaining output 
cords as it is reasonable to assume manufacturers will already have 
cords used to develop their EPS designs. Hence, manufacturers would not 
incur any additional costs as a result of this amendment.
5. Additional Amendments
    In addition to the amendments described, DOE is also revising the 
test procedure to improve its readability. These changes include, but 
are not limited to, centralizing definitions, correcting references, 
and adding additional text to clarify certain instructions. As these 
changes are meant to support the current test procedure and improve its 
implementation, DOE does not expect manufacturers to incur any 
additional burden or costs relative to the current test procedure.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Executive Order (``E.O.'') 12866, ``Regulatory Planning and 
Review,'' as supplemented and reaffirmed by E.O. 13563, ``Improving 
Regulation and Regulatory Review, 76 FR 3821 (Jan. 21, 2011), requires 
agencies, to the extent permitted by law, to (1) propose or adopt a 
regulation only upon a reasoned determination that its benefits justify 
its costs (recognizing that some benefits and costs are difficult to 
quantify); (2) tailor regulations to impose the least burden on 
society, consistent with obtaining regulatory objectives, taking into 
account, among other things, and to the extent practicable, the costs 
of cumulative regulations; (3) select, in choosing among alternative 
regulatory approaches, those approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity); (4) to the 
extent feasible, specify performance objectives, rather than specifying 
the behavior or manner of compliance that regulated entities must 
adopt; and (5) identify and assess available alternatives to direct 
regulation, including providing economic incentives to encourage the 
desired behavior, such as user fees or marketable permits, or providing 
information upon which choices can be made by the public. DOE 
emphasizes as well that E.O. 13563 requires agencies to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible. In its guidance, the 
Office of Information and Regulatory Affairs (``OIRA'') in the Office 
of Management and Budget (``OMB'') has emphasized that such techniques 
may include identifying changing future compliance costs that might 
result from technological innovation or anticipated behavioral changes. 
For the reasons stated in the preamble, this final regulatory action is 
consistent with these principles.
    Section 6(a) of E.O. 12866 also requires agencies to submit 
``significant regulatory actions'' to OIRA for review. OIRA has 
determined that this final regulatory action does not constitute a 
``significant regulatory action'' under section 3(f) of E.O. 12866. 
Accordingly, this action was not submitted to OIRA for review under 
E.O. 12866.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of a final regulatory flexibility analysis (``FRFA'') for 
any final rule where the agency was first required by law to publish a 
proposed rule for public comment, unless the agency certifies that the 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities.

[[Page 51218]]

As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's website: www.energy.gov/gc/office-general-counsel.
    DOE reviewed this test procedure final rule pursuant to the 
Regulatory Flexibility Act and the procedures and policies previously 
discussed. DOE has concluded that this rule will not have a significant 
impact on a substantial number of small entities. The factual basis for 
this certification is set forth below. DOE did not receive any comments 
regarding the certification.
    For manufacturers of EPSs, the Small Business Administration 
(``SBA'') has set a size threshold, which defines those entities 
classified as ``small businesses'' for the purposes of the statute. DOE 
used the SBA's small business size standards to determine whether any 
small entities would be subject to the requirements of the rule. 13 CFR 
part 121. The size standards are listed by North American Industry 
Classification System (``NAICS'') code and industry description and are 
available at www.sba.gov/document/support-tablesize-standards. EPS 
manufacturing is classified under NAICS 335999, ``all other 
miscellaneous electrical equipment and component manufacturing.'' The 
SBA sets a threshold of 500 employees or less for an entity to be 
considered as a small business in this category. This employment figure 
is enterprise-wide, encompassing employees at all parent, subsidiary, 
and sister corporations. DOE consulted the CCD (i.e., DOE's Compliance 
Certification Database) to determine the total number of manufacturers 
that meet the SBA's definition of a ``small business.'' Due to the wide 
variety of applications that use EPSs, there were numerous EPS 
manufacturers listed in the CCD. DOE screened out companies that do not 
meet the SBA definition of a small business and also those that are 
entirely or largely foreign-owned and operated. DOE identified as many 
as 164 potential domestic small businesses manufacturing or otherwise 
selling EPSs. However, as previously stated, DOE does not expect that 
the amended test procedure will result in manufacturers incurring 
additional testing costs--accordingly, DOE does not expect increased 
costs for small businesses as a result of the amendments to the test 
procedure.
    Therefore, DOE concludes that the cost effects accruing from the 
final rule would not have a ``significant economic impact on a 
substantial number of small entities,'' and that the preparation of a 
FRFA is not warranted. DOE has submitted a certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the 
Small Business Administration for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of EPSs must certify to DOE that their products 
comply with any applicable energy conservation standards. To certify 
compliance, manufacturers must first obtain test data for their 
products according to the DOE test procedures, including any amendments 
adopted for those test procedures. DOE has established regulations for 
the certification and recordkeeping requirements for all covered 
consumer products and commercial equipment, including EPSs. (See 
generally 10 CFR part 429, subpart B.) The collection-of-information 
requirement for the certification and recordkeeping is subject to 
review and approval by OMB under the Paperwork Reduction Act (``PRA''). 
This requirement has been approved by OMB under OMB control number 
1910-1400. Public reporting burden for the certification is estimated 
to average 35 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    DOE is not amending the certification or reporting requirements for 
EPSs in this final rule. Instead, DOE may consider proposals to amend 
the certification requirements and reporting for EPSs under a separate 
rulemaking regarding appliance and equipment certification. DOE will 
address changes to OMB Control Number 1910-1400 at that time, as 
necessary.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE establishes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for EPSs. DOE has determined that this final 
rule falls into a class of actions that are categorically excluded from 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021. 
Specifically, DOE has determined that adopting test procedures for 
measuring energy efficiency of consumer products and industrial 
equipment is consistent with activities identified in 10 CFR part 1021, 
appendix A to subpart D, A5 and A6. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 10, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have federalism implications. The Executive order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. DOE examined this final 
rule and determined that it will not have a substantial direct effect 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of this final rule. States can petition 
DOE for exemption from such preemption to the extent, and based on 
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is 
required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting

[[Page 51219]]

errors and ambiguity; (2) write regulations to minimize litigation; (3) 
provide a clear legal standard for affected conduct rather than a 
general standard; and (4) promote simplification and burden reduction. 
Section 3(b) of Executive Order 12988 specifically requires that 
executive agencies make every reasonable effort to ensure that the 
regulation: (1) clearly specifies the preemptive effect, if any; (2) 
clearly specifies any effect on existing Federal law or regulation; (3) 
provides a clear legal standard for affected conduct while promoting 
simplification and burden reduction; (4) specifies the retroactive 
effect, if any; (5) adequately defines key terms; and (6) addresses 
other important issues affecting clarity and general draftsmanship 
under any guidelines issued by the Attorney General. Section 3(c) of 
Executive Order 12988 requires Executive agencies to review regulations 
in light of applicable standards in sections 3(a) and 3(b) to determine 
whether they are met or it is unreasonable to meet one or more of them. 
DOE has completed the required review and determined that, to the 
extent permitted by law, this final rule meets the relevant standards 
of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'') 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at www.energy.gov/gc/office-general-counsel. DOE examined this final 
rule according to UMRA and its statement of policy and determined that 
the rule contains neither an intergovernmental mandate, nor a mandate 
that may result in the expenditure of $100 million or more in any year, 
so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This final rule will not have any impact on the autonomy or integrity 
of the family as an institution. Accordingly, DOE has concluded that it 
is not necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant 
to OMB Memorandum M-19-15, Improving Implementation of the Information 
Quality Act (April 24, 2019), DOE published updated guidelines which 
are available at www.energy.gov/sites/prod/files/2019/12/f70/
DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has 
reviewed this final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that: (1) is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    This regulatory action is not a significant regulatory action under 
Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; 
``FEAA'') Section 32 essentially provides in relevant part that, where 
a proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (``FTC'') concerning the impact of the commercial or 
industry standards on competition.
    While the modifications to the test procedure for EPSs do not 
incorporate any new industry standards, DOE has nevertheless consulted 
both with the Attorney General and the Chairman of the FTC. Neither had 
any comments regarding DOE's proposed actions.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule before its effective date. The report will 
state that it has been

[[Page 51220]]

determined that the rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

N. Description of Materials Incorporated by Reference

    In this final rule, DOE maintains the current incorporation by 
reference of IEC 62301 Ed. 2.0 in 10 CFR 430.3 and appendix Z to 
subpart B, creating a new section 0 in appendix Z, titled 
``Incorporation by Reference,'' to enumerate the specific provisions of 
the standard that are applicable to the EPS test procedure in appendix 
Z. Specifically, section 0 of appendix Z would limit use of the 
material incorporated by reference to the following sections of IEC 
62301:
    IEC 62301, ``Household electrical appliances--Measurement of 
standby power,'' Edition 2.0, 2011-01:
    Section 4.4.1, ``Power measurement uncertainty;''
    Section 5.3.3, ``Average reading method;''
    Annex B, ``Notes on the measurement of low power modes;'' and
    Annex D, ``Determination of uncertainty of measurement.''
    IEC 62301 is an industry-accepted standard for measuring the 
standby power of household electrical appliances. This standard 
continues to be reasonably available and can be obtained from the 
American National Standards Institute at the following address:
    American National Standards Institute, 25 W 43rd Street, 4th Floor, 
New York, NY 10036, (212) 642-4936, or by visiting webstore.ansi.org.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

Signing Authority

    This document of the Department of Energy was signed on July 21, 
2022, by Kelly J. Speakes-Backman, Principal Deputy Assistant Secretary 
for Energy Efficiency and Renewable Energy, pursuant to delegated 
authority from the Secretary of Energy. That document with the original 
signature and date is maintained by DOE. For administrative purposes 
only, and in compliance with requirements of the Office of the Federal 
Register, the undersigned DOE Federal Register Liaison Officer has been 
authorized to sign and submit the document in electronic format for 
publication, as an official document of the Department of Energy. This 
administrative process in no way alters the legal effect of this 
document upon publication in the Federal Register.

    Signed in Washington, DC, on July 21, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE amends part 430 of 
chapter II of title 10, Code of Federal Regulations as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.2 is amended by:
0
a. Removing the definition for ``Adaptive external power supply'';
0
b. Adding, in alphabetical order, a definition for ``Commercial and 
industrial power supply''; and
0
c. Revising the definition for ``External power supply.''
    The addition and revision read as follows:


Sec.  430.2  Definitions.

* * * * *
    Commercial and industrial power supply means a power supply that is 
used to convert electric current into DC or lower-voltage AC current, 
is not distributed in commerce for use with a consumer product, and may 
include any of the following characteristics:
    (1) A power supply that requires 3-phase input power and that is 
incapable of operating on household mains electricity;
    (2) A DC-DC-only power supply that is incapable of operating on 
household mains electricity;
    (3) A power supply with a fixed, non-removable connection to an 
end-use device that is not a consumer product as defined under the Act;
    (4) A power supply whose output connector is uniquely shaped to fit 
only an end-use device that is not a consumer product;
    (5) A power supply that cannot be readily connected to an end-use 
device that is a consumer product without significant modification or 
customization of the power supply itself or the end-use device;
    (6) A power supply packaged with an end-use device that is not a 
consumer product, as evidenced by either:
    (i) Such device being certified as, or declared to be in 
conformance with, a specific standard applicable only to non-consumer 
products. For example, a power supply model intended for use with an 
end-use device that is certified to the following standards would not 
meet the EPCA definition of an EPS:
    (A) CISPR 11 (Class A Equipment), ``Industrial, scientific and 
medical equipment--Radio-frequency disturbance--Limits and methods of 
measurement'';
    (B) UL 1480A, ``Standard for Speakers for Commercial and 
Professional Use'';
    (C) UL 813, ``Standard for Commercial Audio Equipment''; and
    (D) UL 1727, ``Standard for Commercial Electric Personal Grooming 
Appliances''; or
    (ii) Such device being excluded or exempted from inclusion within, 
or conformance with, a law, regulation, or broadly-accepted industry 
standard where such exclusion or exemption applies only to non-consumer 
products;
    (7) A power supply distributed in commerce for use with an end-use 
device where:
    (i) The end-use device is not a consumer product, as evidenced by 
either the circumstances in paragraph (6)(i) or (ii) of this 
definition; and
    (ii) The end-use device for which the power supply is distributed 
in commerce is reasonably disclosed to the public, such as by 
identification of the end-use device on the packaging for the power 
supply, documentation physically present with the power supply, or on 
the manufacturer's or private labeler's public website; or
    (8) A power supply that is not marketed for residential or consumer 
use, and that is clearly marked (or, alternatively, the packaging of 
the individual power supply, the shipping container of multiple such 
power supplies, or associated documentation physically present with the 
power supply when distributed in commerce is clearly marked) ``FOR USE 
WITH COMMERCIAL OR INDUSTRIAL EQUIPMENT ONLY'' or ``NOT FOR RESIDENTIAL 
OR CONSUMER USE,'' with the marking designed and applied so that the 
marking will be visible and legible during customary conditions for the 
item on which the marking is placed.
* * * * *
    External power supply means an external power supply circuit that 
is used to convert household electric current into DC current or lower-
voltage

[[Page 51221]]

AC current to operate a consumer product. However, the term does not 
include any ``commercial and industrial power supply'' as defined in 
this section, or a power supply circuit, driver, or device that is 
designed exclusively to be connected to, and power--
    (1) Light-emitting diodes providing illumination;
    (2) Organic light-emitting diodes providing illumination; or
    (3) Ceiling fans using direct current motors.
* * * * *

0
3. Section 430.23 is amended by revising paragraph (bb) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (bb) External Power Supplies. The energy consumption of an external 
power supply, including active-mode efficiency expressed as a 
percentage and the no-load, off, and standby mode energy consumption 
levels expressed in watts, shall be measured in accordance with 
appendix Z of this subpart.
* * * * *

0
4. Appendix Z is revised to read as follows:

Appendix Z to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of External Power Supplies

    Note: Starting on February 15, 2023, manufacturers must make any 
representations regarding the energy efficiency or power consumption 
of external power supplies based upon results generated under this 
appendix. Prior to that date, manufacturers must make any 
representations regarding the energy efficiency or power consumption 
of external power supplies based upon results generated under this 
appendix as it appeared at 10 CFR part 430, subpart B revised as of 
January 1, 2021. The provisions at section (4)(g) of this appendix 
regarding the testing of units for which a wire or cord is not 
provided by the manufacturer are not required for use until such 
time as compliance is required with any amended standards for 
external power supplies provided in Sec.  430.32(w) that are 
published after January 1, 2021.
    0. Incorporation by reference.
    DOE incorporated by reference the entire standard for IEC 62301 
in Sec.  430.3; however, only enumerated provisions of this document 
are applicable to this appendix, as follows:
    0.1 IEC 62301, (``IEC 62301''), Household electrical 
appliances--Measurement of standby power, (Edition 2.0, 2011-01), as 
follows:
    (a) Section 4.3.2 ``Supply voltage waveform,'' as referenced in 
section 3 of this appendix;
    (b) Section 4.4.1 ``Power measurement uncertainty,'' as 
referenced in section 4 of this appendix;
    (c) Section 5.3.3 ``Average reading method,'' as referenced in 
sections 5 and 6 of this appendix;
    (d) Annex B ``Notes on the measurement of low power modes,'' as 
referenced in section 4 of this appendix; and
    (e) Annex D ``Determination of uncertainty of measurement,'' as 
referenced in section 4 of this appendix. 0.2 Reserved.
    1. [Reserved]
    2. Scope: This appendix covers the test requirements used to 
measure the energy consumption of external power supplies subject to 
the energy conservation standards set forth at Sec.  430.32(w)(1). 
Additionally, this appendix does not apply to external power 
supplies for which the primary load of the converted voltage within 
the device is not delivered to a separate end-use product, i.e., 
products in which the primary load of converted voltage is delivered 
within the device itself to execute the primary function of the 
device. Examples of excluded products may include, but are not 
limited to, consumer electronics with USB outputs and lighting 
products with USB outputs.
    3. Definitions: The following definitions are for the purposes 
of understanding terminology associated with the test method for 
measuring external power supply energy consumption.
    Active mode means the mode of operation when the external power 
supply is connected to the main electricity supply and the output is 
(or ``all outputs are'' for external power supplies with multiple 
outputs) connected to a load (or ``loads'' for external power 
supplies with multiple outputs).
    Active mode efficiency is the ratio, expressed as a percentage, 
of the total real output power produced by a power supply to the 
real input power required to produce it. IEEE Standard 1515-2000, 
4.3.1.1 (Reference for guidance only, see Sec.  430.4.)
    Active power (P) (also real power) means the average power 
consumed by a unit. For a two-terminal device with current and 
voltage waveforms i(t) and v(t), respectively, which are periodic 
with period T, the real or active power P is:
[GRAPHIC] [TIFF OMITTED] TR19AU22.003

    Adaptive external power supply means an external power supply 
that can alter its output voltage during active-mode based on an 
established digital communication protocol with the end-use 
application without any user-generated action.
    Ambient temperature means the temperature of the ambient air 
immediately surrounding the unit under test.
    Average Active-Mode Efficiency means the average of the active 
mode efficiencies at the loading conditions (100, 75, 50 percent, 
and 25 percent of unit under test's nameplate output current) for 
which that unit can sustain the output current.
    Manual on-off switch is a switch activated by the user to 
control power reaching the device. This term does not apply to any 
mechanical, optical, or electronic switches that automatically 
disconnect mains power from the device when a load is disconnected 
from the device, or that control power to the load itself.
    Minimum output current means the minimum current that must be 
drawn from an output bus for an external power supply to operate 
within its specifications.
    Multiple-voltage external power supply means an external power 
supply that is designed to convert line voltage AC input into more 
than one simultaneous lower-voltage output.
    Nameplate output current means the current output of the power 
supply as specified on the manufacturer's label on the power supply 
housing (either DC or AC) or, if absent from the housing, as 
provided by the manufacturer.
    Nameplate output power means the power output of the power 
supply as specified on the manufacturer's label on the power supply 
housing or, if absent from the housing, as specified in 
documentation provided by the manufacturer. For an adaptive external 
power supply with USB-PD ports, in place of the nameplate output 
power at the lowest voltage, use an output power calculated as the 
product of its lowest nameplate output voltage and 2 amps for each 
USB-PD port and as specified on the manufacturer's label or 
documentation at the highest voltage. This definition only applies 
to DOE testing and certification requirements and is unrelated to 
the physical nameplate label or documentation of an EPS.
    Nameplate output voltage means the voltage output of the power 
supply as specified on the manufacturer's label on the power supply 
housing (either DC or AC).
    No-load mode means the mode of operation when an external power 
supply is connected to the main electricity supply and the output is 
(or ``all outputs are'' for a multiple-voltage external power 
supply) not connected to a load (or ``loads'' for a multiple-voltage 
external power supply).
    Off-mode is the condition, applicable only to units with manual 
on-off switches, in which the external power supply is:
    (1) Connected to the main electricity supply;
    (2) The output is not connected to any load; and
    (3) All manual on-off switches are turned off.
    Output bus means any of the outputs of the power supply to which 
loads can be connected and from which power can be drawn, as opposed 
to signal connections used for communication.
    RMS means root mean square.
    Single-voltage external AC-AC power supply means an external 
power supply that is designed to convert line voltage AC input into 
lower voltage AC output and is able to convert to only one AC output 
voltage at a time.
    Single-voltage external AC-DC power supply means an external 
power supply that is designed to convert line voltage AC input into 
lower-voltage DC output and is able to convert to only one DC output 
voltage at a time.

[[Page 51222]]

    Standby mode means the condition in which the external power 
supply is in no-load mode and, for external power supplies with 
manual on-off switches, all such switches are turned on.
    Switch-selectable single voltage external power supply means a 
single-voltage AC-AC or AC-DC power supply that allows users to 
choose from more than one output voltage.
    Total harmonic distortion (THD), expressed as a percentage, is 
the RMS value of an AC signal after the fundamental component is 
removed and interharmonic components are ignored, divided by the RMS 
value of the fundamental component. THD of current is defined as:
[GRAPHIC] [TIFF OMITTED] TR19AU22.004

where In is the RMS value of the nth harmonic of the current signal.
    Unit under test (UUT) is the external power supply being tested.
    USB Power Delivery (USB-PD) EPS means an adaptive EPS that 
utilizes a USB Type-C output port and uses a digital protocol to 
communicate between the EPS and the end-use product to automatically 
switch between any output voltage within the range of 3.3 volts to 
20 volts. The USB-PD output bus must be capable of delivering 3 amps 
at the lowest output voltage, and the currents must not exceed any 
of the following values for the supported voltages: 3 amps at 9 
volts; 3 amps at 15 volts; and 5 amps at 20 volts.
    USB Type-C means the reversible 24-pin physical USB connector 
system that supports USB-PD and allows for the transmission of data 
and power between compatible USB products.
    4. Test Apparatus and General Instructions
    (a) Any power measurements recorded, as well as any power 
measurement equipment utilized for testing, shall conform to the 
uncertainty and resolution specifications in Section 4.4.1, ``Power 
measurement uncertainty,'' as well as Annexes B, ``Notes on the 
measurement of low power modes,'' and D, ``Determination of 
uncertainty of measurement,'' of IEC 62301.
    (b) Carry out tests in a room that has an air speed close to the 
UUT of <=0.5 m/s. Maintain ambient temperature at 20  5 
[deg]C throughout the test. Do not intentionally cool the UUT, for 
example, by use of separately powered fans, air conditioners, or 
heat sinks. Test the UUT on a thermally non-conductive surface. 
Products intended for outdoor use may be tested at additional 
temperatures, provided those are in addition to the conditions 
specified and are noted in a separate section on the test report.
    (c) If the UUT is intended for operation on AC line-voltage 
input in the United States, test it at 115 V at 60 Hz. If the UUT is 
intended for operation on AC line-voltage input but cannot be 
operated at 115 V at 60 Hz, do not test it. Ensure the input voltage 
is within 1 percent of the above specified voltage and 
the input frequency is within 1 percent of the specified 
frequency.
    (d) The input voltage source must be capable of delivering at 
least 10 times the nameplate input power of the UUT as is specified 
in IEEE 1515-2000 (Referenced for guidance only, see Sec.  430.4). 
Regardless of the AC source type, the THD of the supply voltage when 
supplying the UUT in the specified mode must not exceed 2 percent, 
up to and including the 13th harmonic. The peak value of the test 
voltage must be within 1.34 and 1.49 multiplied by its RMS value.
    (e) Select all leads used in the test set-up with appropriate 
wire gauges and lengths to minimize voltage drops across the wires 
during testing. See Table B.2 -- ``Commonly used values for wire 
gages [sic] and related voltage drops'' in IEEE 1515-2000 for 
further guidance.
    (f) Test Load. To load the power supply to produce all active-
mode loading conditions, use passive loads, such as rheostats, or 
active loads, such as electronic loads. Resistive loads need not be 
measured precisely with an ohmmeter; simply adjust a variable 
resistor to the point where the ammeter confirms that the desired 
percentage of nameplate output current is flowing. For electronic 
loads, adjust the desired output current in constant current mode 
rather than adjusting the required output power in constant power 
mode.
    (g) Test the external power supply at the end of the wire or 
cord that connects to an end-use product, regardless of whether the 
end of the wire or cord is integrated into an end-use product or 
plugs into and out of an end-use product. If a separate wire or cord 
is provided by the manufacturer to connect the external power supply 
to an end-use product, use this wire or cord and perform tests at 
the end of the cord that connects to an end-use product. An external 
power supply that is not supplied with a wire or cord must be tested 
with a wire or an output cord recommended by the manufacturer. If 
the external power supply is not supplied with a wire or cord and 
for which the manufacturer does not recommend one, the EPS must be 
tested with a 3-foot-long output wire or cord with a conductor 
thickness that is minimally sufficient to carry the maximum required 
current.
    (1) If the connection to an end-use product is removable, there 
are two options for connecting metering equipment to the output 
connection of the external power supply:
    (i) Cut the cord immediately adjacent to the output connector, 
or
    (ii) Attach leads and measure the efficiency from the output 
connector itself.
    (2) If the connection to an end-use product is not removable, 
cut the cord immediately adjacent to the powered product and connect 
metering equipment at that point.
    (h) Conduct the tests on the sets of output wires that 
constitute the output busses. If the product has more than two 
output wires, including those wires that are necessary for 
controlling the product, the manufacturer must supply a connection 
diagram or test fixture that will allow the testing laboratory to 
put the UUT into active mode. Figure 1 of this section provides one 
illustration of how to set up a single-voltage external power supply 
for testing; however, the actual test setup may vary pursuant to the 
type of external power supply being tested and the requirements of 
this appendix.
[GRAPHIC] [TIFF OMITTED] TR19AU22.005


[[Page 51223]]


    (i) Except as provided in section 4(j) of this appendix, 
external power supplies must be tested in their final, completed 
configuration in order to represent their measured efficiency on 
product labels or specification sheets. Although the same procedure 
may be used to test the efficiency of a bare circuit board power 
supply prior to its incorporation into a finished housing and the 
attachment of its DC output cord, the efficiency of the bare circuit 
board power supply may not be used to characterize the efficiency of 
the final product (once enclosed in a case and fitted with a DC 
output cord). For example, a power supply manufacturer or component 
manufacturer may wish to assess the efficiency of a design that it 
intends to provide to an OEM for incorporation into a finished 
external power supply, but these results may not be used to 
represent the efficiency of the finished external power supply.
    (j) If a product serves one or more other major functions in 
addition to converting household electric current into DC current or 
lower-voltage AC current, components of the product that serve other 
functions may be disconnected before testing so that test 
measurements do not include power used by other functions and as 
long as disconnecting such components do not affect the ability of 
the product to convert household electric current into DC current or 
lower-voltage AC current. For example, consider an EPS that also 
acts as a surge protector that offers outlets supplying AC household 
electric current and one or more USB outputs supplying DC current. 
If power is provided to the AC outlets through a surge protection 
circuit, but power to the USB outlet(s) is not, then the surge 
protection circuit may be disconnected from AC power during testing. 
Similarly, if a lighted manual on-off switch disconnects power only 
to the AC outlets, but not the USB outputs, then the manual on-off 
switch may be turned off and power to the light disconnected during 
testing. If a disconnection is performed by a technician, the 
disconnection must be able to be replicated by a third-party test 
facility.
    5. Test Measurement for all External Power Supplies Other than 
Adaptive External Power Supplies:
    (a) Single-Voltage External Power Supply
    (1) Standby Mode and Active-Mode Measurement.
    (i) Place in the ``on'' position any built-in switch in the UUT 
controlling power flow to the AC input and note the existence of 
such a switch in the final test report.
    (ii) Operate the UUT at 100 percent of nameplate output current 
for at least 30 minutes immediately prior to conducting efficiency 
measurements. After this warm-up period, monitor AC input power for 
a period of 5 minutes to assess the stability of the UUT. If the 
power level does not drift by more than 5 percent from the maximum 
value observed, the UUT is considered stable. If the UUT is stable, 
record the measurements obtained at the end of this 5-minute period. 
Measure subsequent loading conditions under the same 5-minute 
stability parameters. Note that only one warm-up period of 30 
minutes is required for each UUT at the beginning of the test 
procedure. If the AC input power is not stable over a 5-minute 
period, follow the guidelines established by Section 5.3.3 of IEC 
62301 for measuring average power or accumulated energy over time 
for both input and output.
    (iii) Test the UUT at the nameplate output voltage(s) at the 
loading conditions listed in Table 1, derated per the proportional 
allocation method presented in section 5(a)(1)(iv) of this appendix. 
Conduct efficiency measurements in sequence from Loading Condition 1 
to Loading Condition 4 as indicated in Table 1 of this section. For 
Loading Condition 5, place the UUT in no-load mode, disconnect any 
additional signal connections to the UUT, and measure input power.

             Table 1--Loading Conditions for Unit Under Test
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Loading Condition 1....................  100% of Derated Nameplate
                                          Output Current 2%.
Loading Condition 2....................  75% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 3....................  50% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 4....................  25% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 5....................  0%.
------------------------------------------------------------------------
Note: The 2 percent allowance pertains to nameplate output current, not
  the calculated current value. For example, a UUT at Loading Condition
  3 may be tested in a range from 48 percent to 52 percent of the
  derated output current.

    (A) If testing of additional, optional loading conditions is 
desired, conduct that testing in accordance with this test procedure 
and subsequent to completing the sequence described in section 
5(a)(1)(iii) of this appendix.
    (B) Where the external power supply lists both an instantaneous 
and continuous output current, test the external power supply at the 
continuous condition only.
    (C) If an external power supply cannot sustain output at one or 
more of the Loading Conditions 1-4 as specified in Table 1 of this 
section, test the external power supply only at the loading 
conditions for which it can sustain output.
    (iv) Use the following proportional allocation method to provide 
consistent loading conditions for single-voltage external power 
supplies with multiple-output busses. For additional explanation 
(provided for guidance only), please refer to section 6.1.1 of the 
California Energy Commission's ``Generalized Test Protocol for 
Calculating the Energy Efficiency of Internal Ac-Dc Power Supplies 
Revision 6.7,'' March 2014.
    (A) Consider a power supply with N output busses, each with the 
same nameplate output voltages V1, * * *, VN, 
corresponding output current ratings I1, * * *, 
IN, and a nameplate output power P. Calculate the 
derating factor D by dividing the power supply maximum output power 
P by the sum of the maximum output powers of the individual output 
busses, equal to the product of port nameplate output voltage and 
current IiVi, as follows:
[GRAPHIC] [TIFF OMITTED] TR19AU22.006

    (B) If D >=1, then loading every port to its nameplate output 
current does not exceed the overall maximum output power for the 
power supply. In this case, load each output bus to the percentages 
of its nameplate output current listed in Table 1 of this section. 
However, if D <1, it is an indication that loading each port to its 
nameplate output current will exceed the overall maximum output 
power for the power supply. In this case, and at each loading 
condition, load each output bus to the appropriate percentage of its 
nameplate output current as listed in Table 1, multiplied by the 
derating factor D.
    (v) Test switch-selectable single-voltage external power 
supplies twice--once at the highest nameplate output voltage and 
once at the lowest.
    (vi) Efficiency calculation. Calculate and record efficiency at 
each loading point by dividing the UUT's measured active output 
power at a given loading condition by the active AC input power 
measured at that loading condition.
    (A) Calculate and record average efficiency of the UUT as the 
arithmetic mean of the efficiency values calculated at Loading 
Conditions 1, 2, 3, and 4 in Table 1 of this section.
    (B) If, when tested, a UUT cannot sustain output current at one 
or more of the loading conditions as specified in Table 1, the 
average active-mode efficiency is calculated as the average of the 
loading conditions for which it can sustain output.
    (C) If the UUT can only sustain one output current at any of the 
output busses, test it at the loading condition that allows for the 
maximum output power on that bus (i.e., the highest output current 
possible at the highest output voltage on that bus).
    (vii) Power consumption calculation. The power consumption of 
Loading Condition 5 (no-load) is equal to the active AC input power 
(W) at that loading condition.
    (viii) Off-Mode Measurement. If the UUT incorporates manual on-
off switches, place the UUT in off-mode, and measure and record its 
power consumption at Loading Condition 5 in Table 1 of this section. 
The measurement of the off-mode energy consumption must conform to 
the requirements specified in section 5(a)(1) of this appendix, 
except that all manual on-off

[[Page 51224]]

switches must be placed in the ``off'' position for the off-mode 
measurement. The UUT is considered stable if, over 5 minutes with 
samples taken at least once every second, the AC input power does 
not drift from the maximum value observed by more than 1 percent or 
50 milliwatts, whichever is greater. Measure the off-mode power 
consumption of a switch-selectable single-voltage external power 
supply twice--once at the highest nameplate output voltage and once 
at the lowest.
    (b) Multiple-Voltage External Power Supply.
    (1) Standby-Mode and Active-Mode Measurement.
    (i) Place in the ``on'' position any built-in switch in the UUT 
controlling power flow to the AC input and note the existence of 
such a switch in the final test report.
    (ii) Operate the UUT at 100 percent of nameplate output current 
for at least 30 minutes immediately prior to conducting efficiency 
measurements. After this warm-up period, monitor AC input power for 
a period of 5 minutes to assess the stability of the UUT. If the 
power level does not drift by more than 1 percent from the maximum 
value observed, the UUT is considered stable. If the UUT is stable, 
record the measurements obtained at the end of this 5-minute period. 
Measure subsequent loading conditions under the same 5-minute 
stability parameters. Note that only one warm-up period of 30 
minutes is required for each UUT at the beginning of the test 
procedure. If the AC input power is not stable over a 5-minute 
period, follow the guidelines established by Section 5.3.3 of IEC 
62301 for measuring average power or accumulated energy over time 
for both input and output.
    (iii) Test the UUT at the nameplate output voltage(s) at the 
loading conditions listed in Table 2 of this section, derated per 
the proportional allocation method presented in section 5(b)(1)(iv) 
of this appendix. Active or passive loads used for efficiency 
testing of the UUT must maintain the required current loading set 
point for each output voltage within an accuracy of 0.5 
percent. Conduct efficiency measurements in sequence from Loading 
Condition 1 to Loading Condition 4 as indicated in Table 2 of this 
section. For Loading Condition 5, place the UUT in no-load mode, 
disconnect any additional signal connections to the UUT, and measure 
input power.

             Table 2--Loading Conditions for Unit Under Test
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Loading Condition 1....................  100% of Derated Nameplate
                                          Output Current 2%.
Loading Condition 2....................  75% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 3....................  50% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 4....................  25% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 5....................  0%.
------------------------------------------------------------------------
Note: The 2 percent allowance pertains to nameplate output current, not
  the calculated current value. For example, a UUT at Loading Condition
  3 may be tested in a range from 48 percent to 52 percent of the
  derated output current.

    (A) If testing of additional, optional loading conditions is 
desired, conduct that testing in accordance with this test procedure 
and subsequent to completing the sequence described in section 
5(b)(1)(iii) of this appendix.
    (B) Where the external power supply lists both an instantaneous 
and continuous output current, test the external power supply at the 
continuous condition only.
    (C) If an external power supply cannot sustain output at one or 
more of the Loading Conditions 1-4 as specified in Table 2 of this 
section, test the external power supply only at the loading 
conditions for which it can sustain output.
    (iv) Use the following proportional allocation method to provide 
consistent loading conditions for multiple-voltage external power 
supplies. For additional explanation (provided for guidance only), 
please refer to section 6.1.1 of the California Energy Commission's 
``Proposed Test Protocol for Calculating the Energy Efficiency of 
Internal Ac-Dc Power Supplies Revision 6.7,'' March 2014.
    (A) Consider a power supply with N output busses, and nameplate 
output voltages V1, * * *, VN, corresponding 
output current ratings I1, * * *, IN, and a 
maximum output power P as specified on the manufacturer's label on 
the power supply housing, or, if absent from the housing, as 
specified in the documentation provided with the unit by the 
manufacturer. Calculate the derating factor D by dividing the power 
supply maximum output power P by the sum of the maximum output 
powers of the individual output busses, equal to the product of bus 
nameplate output voltage and current IiVi, as 
follows:
[GRAPHIC] [TIFF OMITTED] TR19AU22.007

    (B) If D >=1, then loading every bus to its nameplate output 
current does not exceed the overall maximum output power for the 
power supply. In this case, load each output bus to the percentages 
of its nameplate output current listed in Table 2 of this section. 
However, if D <1, it is an indication that loading each bus to its 
nameplate output current will exceed the overall maximum output 
power for the power supply. In this case, and at each loading 
condition, load each output bus to the appropriate percentage of its 
nameplate output current listed in Table 2 of this section, 
multiplied by the derating factor D.
    (v) Minimum output current requirements. Depending on their 
application, some multiple-voltage power supplies may require a 
minimum output current for each output bus of the power supply for 
correct operation. In these cases, ensure that the load current for 
each output at Loading Condition 4 in Table 2 is greater than the 
minimum output current requirement. Thus, if the test method's 
calculated load current for a given voltage bus is smaller than the 
minimum output current requirement, the minimum output current must 
be used to load the bus. This load current shall be properly 
recorded in any test report.
    (vi) Efficiency calculation. Calculate and record efficiency at 
each loading point by dividing the UUT's measured active output 
power at a given loading condition by the active AC input power 
measured at that loading condition.
    (A) Calculate and record average efficiency of the UUT as the 
arithmetic mean of the efficiency values calculated at Loading 
Conditions 1, 2, 3, and 4, in Table 2 of this section.
    (B) If, when tested, a UUT cannot sustain output current at one 
or more of the loading conditions as specified in Table 2 of this 
section, the average active mode efficiency is calculated as the 
average of the loading conditions for which it can sustain output.
    (C) If the UUT can only sustain one output current at any of the 
output busses, test it at the loading condition that allows for the 
maximum output power on that bus (i.e., the highest output current 
possible at the highest output voltage on that bus).
    (vii) Power consumption calculation. The power consumption of 
Loading Condition 5 (no-load) is equal to the active AC input power 
(W) at that loading condition.
    (2) Off-mode Measurement--If the UUT incorporates manual on-off 
switches, place the UUT in off-mode and measure and record its power 
consumption at Loading Condition 5 in Table 2 of this section. The 
measurement of the off-mode energy consumption must conform to the 
requirements specified in section (5)(b)(1) of this appendix, except 
that all manual on-off switches must be placed in the ``off'' 
position for the off-mode measurement. The UUT is considered stable 
if, over 5 minutes with samples taken at least once every second, 
the AC input power does not drift from the maximum value observed by 
more than 1 percent or 50 milliwatts, whichever is greater.
    6. Test Measurement for Adaptive External Power Supplies:
    (a) Single-Voltage Adaptive External Power Supply.
    (1) Standby Mode and Active-Mode Measurement.
    (i) Place in the ``on'' position any built-in switch in the UUT 
controlling power flow to the AC input and note the existence of 
such a switch in the final test report.

[[Page 51225]]

    (ii) Operate the UUT at 100 percent of nameplate output current 
for at least 30 minutes immediately prior to conducting efficiency 
measurements. After this warm-up period, monitor AC input power for 
a period of 5 minutes to assess the stability of the UUT. If the 
power level does not drift by more than 5 percent from the maximum 
value observed, the UUT is considered stable. If the UUT is stable, 
record the measurements obtained at the end of this 5-minute period. 
Measure subsequent loading conditions under the same 5-minute 
stability parameters. Note that only one warm-up period of 30 
minutes is required for each UUT at the beginning of the test 
procedure. If the AC input power is not stable over a 5-minute 
period, follow the guidelines established by Section 5.3.3 of IEC 
62301 for measuring average power or accumulated energy over time 
for both input and output.
    (iii) Test the UUT at the nameplate output voltage(s) at the 
loading conditions listed in Table 3 of this section, derated per 
the proportional allocation method presented in section 6(a)(1)(iv) 
of this appendix. Adaptive external power supplies must be tested 
twice--once at the highest nameplate output voltage and once at the 
lowest nameplate output voltage as described in the following 
sections.
    (A) At the highest nameplate output voltage, test adaptive 
external power supplies in sequence from Loading Condition 1 to 
Loading Condition 4, as indicated in Table 3 of this section. For 
Loading Condition 5, place the UUT in no-load mode, disconnect any 
additional signal connections, and measure the input power.
    (B) At the lowest nameplate output voltage, with the exception 
of USB-PD EPSs, test all adaptive external power supplies in 
sequence from Loading Condition 1 to Loading Condition 4, as 
indicated in Table 3 of this section. For USB-PD adaptive external 
power supplies, at the lowest nameplate output voltage, test the 
external power supply such that for Loading Conditions 1, 2, 3, and 
4, all adaptive ports are loaded to 2 amperes, 1.5 amperes, 1 
ampere, and 0.5 amperes, respectively. All non-adaptive ports will 
continue to be loaded as indicated in Table 3 of this section. For 
Loading Condition 5, test all adaptive external power supplies by 
placing the UUT in no-load mode, disconnecting any additional signal 
connections, and measuring the input power.

Table 3--Loading Conditions for a Single-Voltage Adaptive External Power
                                 Supply
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Loading Condition 1....................  100% of Derated Nameplate
                                          Output Current 2%.
Loading Condition 2....................  75% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 3....................  50% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 4....................  25% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 5....................  0%.
------------------------------------------------------------------------
Note: The 2 percent allowance pertains to nameplate output current, not
  the calculated current value. For example, a UUT at Loading Condition
  3 may be tested in a range from 48 percent to 52 percent of the
  derated output current.

    (C) If testing of additional, optional loading conditions is 
desired, conduct that testing in accordance with this test procedure 
and subsequent to completing the sequence described in section 
6(a)(1)(iii) of this appendix.
    (D) Where the external power supply lists both an instantaneous 
and continuous output current, test the external power supply at the 
continuous condition only.
    (E) If an external power supply cannot sustain output at one or 
more of the Loading Conditions 1-4 as specified in Table 3 of this 
section, test the external power supply only at the loading 
conditions for which it can sustain output.
    (iv) Use the following proportional allocation method to provide 
consistent loading conditions for single-voltage adaptive external 
power supplies with multiple-output busses. For additional 
explanation, please refer to section 6.1.1 of the California Energy 
Commission's ``Proposed Test Protocol for Calculating the Energy 
Efficiency of Internal Ac-Dc Power Supplies Revision 6.7,'' March 
2014.
    (A) Consider a power supply with N output busses, each with the 
same nameplate output voltages V1, * * *, VN, 
corresponding output current ratings I1, * * *, 
IN, and a maximum output power P as specified on the 
manufacturer's label on the power supply housing, or, if absent from 
the housing, as specified in the documentation provided with the 
unit by the manufacturer. Calculate the derating factor D by 
dividing the power supply maximum output power P by the sum of the 
maximum output powers of the individual output busses, equal to the 
product of port nameplate output voltage and current 
IiVi, as follows:
[GRAPHIC] [TIFF OMITTED] TR19AU22.008

    For USB-PD adaptive external power supplies, at the lowest 
nameplate output voltage, limit the contribution from each port to 
10W when calculating the derating factor.
    (B) If D >=1, then loading every port to its nameplate output 
current does not exceed the overall maximum output power for the 
power supply. In this case, load each output bus to the percentages 
of its nameplate output current listed in Table 3 of this section. 
However, if D <1, it is an indication that loading each port to its 
nameplate output current will exceed the overall maximum output 
power for the power supply. In this case, and at each loading 
condition, each output bus will be loaded to the appropriate 
percentage of its nameplate output current listed in Table 3 of this 
section, multiplied by the derating factor D.
    (v) Efficiency calculation. Calculate and record the efficiency 
at each loading point by dividing the UUT's measured active output 
power at that loading condition by the active AC input power 
measured at that loading condition.
    (A) Calculate and record average efficiency of the UUT as the 
arithmetic mean of the efficiency values calculated at Loading 
Conditions 1, 2, 3, and 4 in Table 3 of this section.
    (B) If, when tested, a UUT cannot sustain the output current at 
one or more of the loading conditions as specified in Table 3 of 
this section, the average active-mode efficiency is calculated as 
the average of the loading conditions for which it can sustain 
output.
    (C) If the UUT can only sustain one output current at any of the 
output busses, test it at the loading condition that allows for the 
maximum output power on that bus (i.e., the highest output current 
possible at the highest output voltage on that bus).
    (vi) Power consumption calculation. The power consumption of 
Loading Condition 5 (no-load) is equal to the active AC input power 
(W) at that loading condition.
    (2) Off-Mode Measurement--If the UUT incorporates manual on-off 
switches, place the UUT in off-mode and measure and record its power 
consumption at Loading Condition 5 in Table 3 of this section. The 
measurement of the off-mode energy consumption must conform to the 
requirements specified in section 6(a)(1) of this appendix, except 
that all manual on-off switches must be placed in the ``off'' 
position for the off-mode measurement. The UUT is considered stable 
if, over 5 minutes with samples taken at least once every second, 
the AC input power does not drift from the maximum value observed by 
more than 1 percent or 50 milliwatts, whichever is greater. Measure 
the off-mode power consumption of a single-voltage adaptive external 
power supply twice--once at the highest nameplate output voltage and 
once at the lowest.
    (b) Multiple-Voltage Adaptive External Power Supply.
    (1) Standby Mode and Active-Mode Measurement.
    (i) Place in the ``on'' position any built-in switch in the UUT 
controlling power flow to the AC input and note the existence of 
such a switch in the final test report.
    (ii) Operate the UUT at 100 percent of nameplate output current 
for at least 30 minutes immediately prior to conducting efficiency 
measurements. After this warm-up period, monitor AC input power for 
a period of 5 minutes to assess the stability of the UUT. If the 
power level does not drift by more than 1 percent from the maximum 
value observed, the UUT is considered stable.

[[Page 51226]]

If the UUT is stable, record the measurements obtained at the end of 
this 5-minute period. Measure subsequent loading conditions under 
the same 5-minute stability parameters. Note that only one warm-up 
period of 30 minutes is required for each UUT at the beginning of 
the test procedure. If the AC input power is not stable over a 5-
minute period, follow the guidelines established by Section 5.3.3 of 
IEC 62301 for measuring average power or accumulated energy over 
time for both input and output.
    (iii) Test the UUT at the nameplate output voltage(s) at the 
loading conditions listed in Table 4 of this section, derated per 
the proportional allocation method presented in section 6(b)(1)(iv) 
of this appendix. Active or passive loads used for efficiency 
testing of the UUT must maintain the required current loading set 
point for each output voltage within an accuracy of 0.5 
percent. Adaptive external power supplies must be tested twice--once 
at the highest nameplate output voltage and once at the lowest 
nameplate output voltage as described in the following sections.
    (A) At the highest nameplate output voltage, test adaptive 
external power supplies in sequence from Loading Condition 1 to 
Loading Condition 4, as indicated in Table 4 of this section. For 
Loading Condition 5, place the UUT in no-load mode, disconnect any 
additional signal connections, and measure the input power.
    (B) At the lowest nameplate output voltage, with the exception 
of USB-PD EPSs, test all other adaptive external power supplies, in 
sequence from Loading Condition 1 to Loading Condition 4, as 
indicated in Table 4 of this section. For USB-PD adaptive external 
power supplies, at the lowest nameplate output voltage, test the 
external power supply such that for Loading Conditions 1, 2, 3, and 
4, all adaptive ports are loaded to 2 amperes, 1.5 amperes, 1 
ampere, and 0.5 amperes, respectively. All non-adaptive ports will 
continue to be loaded as indicated in Table 4 of this section. For 
Loading Condition 5, test all adaptive external power supplies by 
placing the UUT in no-load mode, disconnecting any additional signal 
connections, and measuring the input power.

  Table 4--Loading Conditions for a Multiple-Voltage Adaptive External
                              Power Supply
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Loading Condition 1....................  100% of Derated Nameplate
                                          Output Current 2%.
Loading Condition 2....................  75% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 3....................  50% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 4....................  25% of Derated Nameplate Output
                                          Current 2%.
Loading Condition 5....................  0%.
------------------------------------------------------------------------
Note: The 2 percent allowance pertains to nameplate output current, not
  the calculated current value. For example, a UUT at Loading Condition
  3 may be tested in a range from 48 percent to 52 percent of the
  derated output current.

    (C) If testing of additional, optional loading conditions is 
desired, conduct that testing in accordance with this test procedure 
and subsequent to completing the sequence described in section 
6(b)(1)(iii) of this appendix.
    (D) Where the external power supply lists both an instantaneous 
and continuous output current, test the external power supply at the 
continuous condition only.
    (E) If an adaptive external power supply is operating as a 
multiple-voltage external power supply at only the highest nameplate 
output voltage or lowest nameplate output voltage, test this 
external power supply as a multiple-voltage adaptive external power 
supply at both the highest nameplate output voltage and the lowest 
nameplate output voltage.
    (F) If an external power supply has both adaptive and non-
adaptive ports, and these ports operate simultaneously at multiple 
voltages, ensure that testing is performed with all ports active at 
both the highest and lowest nameplate output voltage. For example, 
if an external power supply has a USB-PD adaptive output bus that 
operates at 5 volts and 20 volts and a second non-adaptive output 
bus that operates at 9 volts, test this EPS at the highest nameplate 
output voltage with both the adaptive and non-adaptive ports 
respectively loaded at 20 volts and 9 volts; likewise, test it at 
the lowest nameplate output voltage with both the adaptive and non-
adaptive ports respectively loaded at 5 volts and 9 volts.
    (G) If an external power supply cannot sustain output at one or 
more of the Loading Conditions 1-4 as specified in Table 4 of this 
section, test the external power supply only at the loading 
conditions for which it can sustain output.
    (iv) Use the following proportional allocation method to provide 
consistent loading conditions for multiple-voltage adaptive external 
power supplies. For additional explanation, please refer to section 
6.1.1 of the California Energy Commission's ``Proposed Test Protocol 
for Calculating the Energy Efficiency of Internal Ac-Dc Power 
Supplies Revision 6.7,'' March 2014.
    (A) Consider a multiple-voltage power supply with N output 
busses, and nameplate output voltages V1, * * *, 
VN, corresponding output current ratings I1, * 
* *, IN, and a maximum output power P as specified on the 
manufacturer's label on the power supply housing, or, if absent from 
the housing, as specified in the documentation provided with the 
unit by the manufacturer. Calculate the derating factor D by 
dividing the power supply maximum output power P by the sum of the 
maximum output powers of the individual output busses, equal to the 
product of bus nameplate output voltage and current 
IiVi, as follows:
[GRAPHIC] [TIFF OMITTED] TR19AU22.009

    For USB-PD adaptive external power supplies, at the lowest 
nameplate output voltage, limit the contribution from each port to 
10W when calculating the derating factor.
    (B) If D >=1, then loading every bus to its nameplate output 
current does not exceed the overall maximum output power for the 
power supply. In this case, load each output bus to the percentages 
of its nameplate output current listed in Table 4 of this section. 
However, if D <1, it is an indication that loading each bus to its 
nameplate output current will exceed the overall maximum output 
power for the power supply. In this case, at each loading condition, 
load each output bus to the appropriate percentage of its nameplate 
output current listed in Table 4 of this section, multiplied by the 
derating factor D.
    (v) Minimum output current requirements. Depending on their 
application, some multiple-voltage adaptive external power supplies 
may require a minimum output current for each output bus of the 
power supply for correct operation. In these cases, ensure that the 
load current for each output at Loading Condition 4 in Table 4 of 
this section is greater than the minimum output current requirement. 
Thus, if the test method's calculated load current for a given 
voltage bus is smaller than the minimum output current requirement, 
use the minimum output current to load the bus. Record this load 
current in any test report.
    (vi) Efficiency calculation. Calculate and record the efficiency 
at each loading point by dividing the UUT's measured active output 
power at that loading condition by the active AC input power 
measured at that loading condition.
    (A) Calculate and record average efficiency of the UUT as the 
arithmetic mean of the efficiency values calculated at Loading 
Conditions 1, 2, 3, and 4 in Table 4 of this section.
    (B) If, when tested, a UUT cannot sustain the output current at 
one or more of the loading conditions as specified in Table 4, the 
average active-mode efficiency is calculated as the average of the 
loading conditions for which it can sustain output.
    (C) If the UUT can only sustain one output current at any of the 
output busses, test it at the loading condition that allows for the 
maximum output power on that bus (i.e., the highest output current 
possible at the highest output voltage on that bus).
    (vii) Power consumption calculation. The power consumption of 
Loading Condition 5 (no-load) is equal to the active AC input power 
at that loading condition.
    (2) Off-mode Measurement--If the UUT incorporates manual on-off 
switches, place the UUT in off-mode, and measure and record its 
power consumption at Loading Condition 5 in Table 4 of this section. 
The measurement of the off-mode energy

[[Page 51227]]

consumption must conform to the requirements specified in section 
(6)(b)(1) of this appendix, except that all manual on-off switches 
must be placed in the ``off'' position for the off-mode measurement. 
The UUT is considered stable if, over 5 minutes with samples taken 
at least once every second, the AC input power does not drift from 
the maximum value observed by more than 1 percent or 50 milliwatts, 
whichever is greater. Measure the off-mode power consumption of a 
multiple-voltage adaptive external power supply twice--once at the 
highest nameplate output voltage and once at the lowest.

[FR Doc. 2022-15975 Filed 8-18-22; 8:45 am]
BILLING CODE 6450-01-P